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
Category: Damages
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
Courtney v Maguire; Maguire v Courtney
County Court of Victoria ... Retired businessman awarded $125,000 in aggravated damages ... Sued over Facebook posts made after he was critical of anti-brumby culling legal strategy ... Jury rejects counter-claim ... Claims of links to organised crime figures grounds for aggravation ... Courts Editor Stephen Murray reports ... more
Fong-Jones v Flow Chemical Pty Ltd
Supreme Court of Victoria ... Online activist and advocate for transgender rights awarded $445,000 in aggravated damages ... Sued Queensland host of notorious online forum Kiwi Farms ... No appearance by defendants ... Courts Editor Stephen Murray reports ... more
Spencer v McKay
County Court of Victoria ... Melbourne woman awarded $85,000 in aggravated damages ... Followed video claims she was a Luciferian and Satanist ... Imputation of devil worship ... Defences of justification, contextual truth and honest opinion defeated ... Courts Editor Stephen Murray reports ... more
Iskander v Barcos
County Court of Victoria ... Custom car upholsterer awarded $90,000 in aggravated damages ... Followed Facebook post claiming customer was scammed ... No appearance from defendant ... Courts Editor Stephen Murray reports ... more
Russell v Australian Broadcasting Corporation (No 3)
Federal Court ... Former commando platoon commander awarded $390,000 in damages over Defence investigation claims ... First substantial decision on public interest defence in a superior court ... ABC and its journalists fail to establish belief in public interest was reasonable ... Aggravated damages rejected ... Courts Editor Stephen Murray reports ... more
Read v Gitman
NSW District Court ... Strata body office holder awarded $35,000 in aggravated damages ... Sued over emails sent to owners and tenants ... Qualified privilege defence defeated by malice ... Oversimplification to treat emails to neighbours as trivial ... Courts Editor Stephen Murray reports ... more
Callan v Chawk
Federal Court ... Plastic surgeon awarded $50,000 over one-star review on medical website ... Imputations of incompetence and negligence found to have been conveyed ... Defences of honest opinion and qualified privilege fail ... No aggravated damages ... Courts Editor Stephen Murray reports ... more
Derek Brammall v Benedict Ian Stevens
ACT Magistrates Court ... Canberra mortgage broker awarded $35,000 after default judgment ... Defamed in two emails sent by former co-director ... Serious harm found after business partner gave evidence of loss of trust ... Courts Editor Stephen Murray reports ... more