Federal Court of Australia ... Drag racing enthusiast awarded $75,000 in aggravated damages ... Sued over Facebook posts ... Allegations of serious criminal activity, stalking, drug taking ... Default judgment after respondent failed to appear ... Courts Editor Stephen Murray reports ... more
Category: Damages
Khan v Uddin
Federal Court of Australia ... Former ALP candidate awarded $250,000 in damages over anonymous dirt sheet circulated to party figures and journalists ... Follows default judgment after respondent evaded service and did not participate in proceedings ... Damages subject of referee report ... Courts Editor Stephen Murray reports ... more
McIntosh v Peterson (No 2)
Supreme Court of Western Australia ... Animal rights activists ordered to pay $280,000 to veterinarian, her husband and clinic for defamation and trespass ... Facebook video recorded confrontation over caged cockatiels ... Imputations of animal abuse, hypocrisy and animal enslavement conveyed ... Defences of honest opinion, qualified privilege and justification fail ... Courts Editor Stephen Murray reports ... more
Bailey v McCrae & Ors (Civil Dispute)
ACT Civil and Administrative Tribunal ... Woman awarded $10,000 in aggravated damages ... Defamed by livestreamed interview on libertarian YouTube channel ... Accusations she was involved in child trafficking and child abuse network ... Tribunal rejects claim against alleged publisher ... Courts Editor Stephen Murray reports ... more
Hallam v O’Connor and Pyne
District Court of Queensland ... Former local government peak body chief awarded over $500,000 in aggravated and special damages and interest ... Former MP and activist were sued over Facebook posts ... Plaintiff likened to Jabba the Hutt in one post ... Reflections on his integrity ... Courts Editor Stephen Murray reports ... more
Greenwich v Latham
Federal Court of Australia ... Independent NSW Member of Parliament Alex Greenwich awarded $140,000 in aggravated damages ... Sued over tweet by outspoken Upper House Member Mark Latham ... Grooming imputations in comments to Daily Telegraph not found conveyed ... Courts Editor Stephen Murray reports ... more
Case round-up from London
Claim for damages under data protection law - ripe for appellate consideration ... Newspaper headlines, extrinsic facts, and innuendo ... Claim for damages in malicious falsehood without financial loss ... Floyd Alexander-Hunt reports from London ... more
Lazos v West Australian Newspapers (No 2)
Western Australian Supreme Court ... Former public servant awarded $180,000 over fraud charges report in The West Australian ... Article claimed plaintiff was "top public official" ... Imputation that he behaved dishonestly ... Fair report and fair summary defences rejected ... Qualified privilege defences rejected ... Courts Editor Stephen Murray reports ... more
Edwards v Nine Network Australia Pty Limited (No. 5)
Federal Court ... Sydney barrister Gina Edwards awarded $150,000 in aggravated damages after A Current Affair broadcasts ... Defamed by allegations she stole Oscar the cavoodle for her own financial benefit ... Justification defence fails ... Contextual truth defence rejected ... Deceptive means of obtaining Oscar mitigates damages ... Courts Editor Stephen Murray reports ... more
Saxena v Singh & Ors
County Court of Victoria ... Melbourne doctor awarded $70,000 over two one-star Google reviews ... Reviews suggested he was incompetent and unfeeling ... Defences of justification, triviality, honest opinion, qualified privilege rejected ... Reviews actuated by malice ... Courts Editor Stephen Murray reports ... more
FJ (pseudonym initials) v Siglin
Supreme Court of Western Australia ... Man awarded $250,000 in aggravated damages over false claims he was arrested for killing former president of an outlaw motorcycle gang ... Pseudonyms, suppression orders and closed court employed for proceedings ... Concerns for security ... Courts Editor Stephen Murray reports ... more
Greiss v Seven Network (Operations) Limited (No 2)
Federal Court ... Sydney man awarded $37,940 in damages and interest over Facebook post reporting he spat "at" rape complainant ... Justification defence fails ... Contextual truth defence succeeds in respect of news item and tweet ... Honest opinion succeeds in respect of tweet ... Courts Editor Stephen Murray reports ... more