| FEDERAL COURT OF AUSTRALIA
Greenwich v Latham [2024] FCA 1050 | |
| File number(s): | NSD 475 of 2023 |
| Judgment of: | O'CALLAGHAN J |
| Date of judgment: | 11 September 2024 |
| Catchwords: | DEFAMATION – proceeding against a member of New South Wales Parliament brought by another member – imputations pleaded in respect of two impugned publications – consideration of whether imputations conveyed – first imputation made in “primary tweet” held to be conveyed – whether imputation defamatory – consideration of whether publication of defamatory matter about the applicant has caused, or is likely to cause, serious harm to his reputation within the meaning of s 10A(1) of the Defamation Act 2005 (NSW) – serious harm found – defences of honest opinion pursuant to s 31 of the Defamation Act 2005 (NSW) and common law qualified privilege (reply to attack) – where defences not made out – where applicant sought general damages for non-economic loss – where applicant sought aggravated damages – assessment of damages – where alleged unjustifiable conduct said to support award of aggravated damages – quantification of damages |
| Legislation: | Defamation Act 2005 (NSW) ss 10A, 10A(1), 31, 31(1)
Defamation Act 2013 (UK) s 1 |
| Cases cited: | Amersi v Leslie [2023] EWHC 1368 (KB)
Australian Broadcasting Corporation v Chau Chak Wing (2019) 271 FCR 632 Banks v Cadwalladr [2023] 3 WLR 167 Barilaro v Google LLC [2022] FCA 650 Barron v Vines [2016] EWHC 1226 (QB) Bashford v Information Australia (Newsletters) Pty Ltd (2004) 218 CLR 366 Bazzi v Dutton (2022) 289 FCR 1 Berkoff v Burchill [1996] 4 All ER 1008 Burton v Crowell Pub Co 82 F (2d) 154 (1936) Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Chappell v TCN Channel Nine Pty Ltd (1988) 14 NSWLR 153 |
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