Businessman awarded $1.35 million in aggravated and special damages over website ... Defamation and injurious falsehood ... Followed bitter falling out over UAE property development vehicle ... Proceedings in Australia, Caymans, UAE and US ... Courts Editor Stephen Murray reports ... more
Category: Damages
Green v Fairfax Media Publications [No. 4]
Technology entrepreneur awarded $400,000 in aggravated damages ... Sued over reports of market manipulation and over-hyped, under-performing blockchain startup ... Defences of honest opinion and justification ... Opinion piece ahead of trial goes to aggravation ... Courts editor Stephen Murray reports ... more
Turtur v Connor
District Court of South Australia ... Cycling identity awarded $30,000 over Facebook posts ... Claims he did not create Tour Down Under event ... Post visible to figures of influence ... Defence of triviality argued ... Aggravated damages sought ... Courts Editor Stephen Murray reports ... more
Wang v Qin
County Court of Victoria ... Property developer awarded $150,000 over social media posts by ex-lover ... Allegations he was "scum", a "sex scammer" and a "pick-up artist" ... Defences of justification, fair comment, triviality considered ... Aggravated damages sought over threatening visit ... Courts Editor Stephen Murray reports ... more
Dutton v Bazzi
Federal Court ... Refugee activist found to have defamed Peter Dutton by "rape apologist" tweet ... Honest opinion and fair comment defences fail ... $35,000 awarded in damages ... Courts Editor Stephen Murray reports ... more
Nassif v Seven Network (Operations) Ltd
Federal Court ... Charity founder and developer's wife awarded $100,000 in damages ... Charity awarded $500 in nominal damages ... Economic loss to charity issue considered ... Courts Editor Stephen Murray reports ... more
Tribe v Simmons (No. 2)
Federal Court ... Damages of $550,000 awarded against sister of NBA star Ben Simmons ... Half brother Sean Tribe sued over tweets making allegations of sexual abuse ... Substantial award needed for consolation and vindication .. "Firehose" effect of Twitter ... Courts Editor Stephen Murray reports ... more
Egan v Santamaria
NSW District Court ... PR managing director awarded $250,000 plus interest over emails ... Sent by former brother-in-law to lawyers, politicians, clients ... Defendant fails to defend matter ... Grapevine effect ... Imputations go to professional reputation ... Courts Editor Stephen Murray reports ... more
Peterson v Simopoulos
Victorian County Court ... Former chair of owners corporation committee awarded $40,000 in aggravated damages ... Dispute among owners over building manager ... Four imputations found established ... Two protected by common law qualified privilege ... Other two actuated by malice ... Courts Editor Stephen Murray reports ... more
Nettle v Cruse
Federal Court ... Sydney plastic surgeon awarded $450,000 in aggravated damages ... Justice Wigney warns unlikely to recover damages ... Respondent has disappeared ... Negative online reviews ... Website of fake botched surgeries created ... Importance of online reputation ... Courts Editor Stephen Murray reports ... more
Dean v Puleio
Victorian County Court ... Kew periodontist awarded $170,000 in aggravated damages ... Sued on four Google reviews published after termination of doctor/patient relationship ... Accusations of unprofessional, unethical behaviour ... "Unprofessional and undermining" excerpt likely to have been seen by 100,000 users ... "Rambling and incoherent" reviews ... Conduct aggravated by attempt to extract money to remove review ... Extremely significant impact ... Indemnity costs awarded ... Courts Editor Stephen Murray reports ... more
BeautyFULL CMC Pty Ltd & Ors v Hayes
Queensland District Court ... $85,222 in damages awarded over Instagram stories, Facebook post and telephone call ... Former receptionist attacked cosmetic clinic founder over Covid-19 post ... Judge Reid: Social media posts infected by grievances ... Not given much credence ... False allegation of assault ... False claims of hacking, bashing ... Aggravated damages ... Courts Editor Stephen Murray reports ... more