provide reparation for that damage, and be sufficient to signal to the public the vindication to which Mr Greenwich is entitled.
Further, the evidence established that the hurt and distress caused to Mr Greenwich by the publication of the matters complained of was very significant. He was, by reason of those publications, the victim of outrageous homophobic and abusive responses, death threats and scandalous slurs. They left him, for the reasons we have identified earlier, diminished, distressed [and] humiliated …
274 Counsel for Mr Greenwich submitted that an award of aggravated damages should be made, including for the following reasons in relation to the primary tweet.
(a) Mr Latham had no proper basis whatsoever for the publication of his "slur".
(b) His conduct was improper, unjustifiable and lacking in bona fides and obviously hurtful to Mr Greenwich.
(c) It is plain from the face of primary tweet that Mr Latham presented it in a demeaning, homophobic and over-sensationalised manner, which added to Mr Greenwich's hurt, and was improper, unjustifiable and lacking in bona fides.
(d) Mr Greenwich's solicitors sent to Mr Latham a concerns notice dated 19 April 2023, calling for a reasonable apology, which was rejected.
(e) Leaving aside the concerns notice, Mr Latham could have apologised to Mr Greenwich at any time. He has not done so, in circumstances where an apology is self-evidently called for.
(f) Mr Latham doubled down in his campaign against Mr Greenwich and "disingenuously and falsely asserted that he had apologised to [him]" (referring to Mr Latham's tweet of 2 May 2023 set out at [66] above, in response to Ms Boyd's tweet, and his tweet of 4 May 2023 set out at [69]).
(g) Mr Latham's conduct after the publication of the matters complained of being:
- (i) Mr Latham's "never apologise" tweet dated 31 March 2023 (at [50] above);
- (ii) Mr Latham's "normal people" tweet dated 1 April 2023 (at [52] above);
- (iii) Mr Latham's "like" of a tweet stating, "Stick your apology up you ass" (at [62] above);
- (iv) the TNT Radio interview (at [60] above), which was promoted, reported in the news, and the subject of social media posts by Mr Latham;
