- (v) Mr Latham's "Alphabet people" tweet dated 28 April 2023 (at [63] above);
- (vi) Mr Latham's reply to the "Alphabet people" tweet dated 28 April 2023 (at [64] above);
- (vii) Mr Latham's tweets in response to Abigail Boyd on 2 May 2023 (at [66] and [67], and Mr Latham's "likes" of replies to those tweets (at [68] above);
- (viii) Mr Latham's "can't win" tweet dated 4 May 2023, which accused Mr Greenwich of being "obsessed with petty litigation against me for disagreeing with him" (at [69] above); and
- (ix) Mr Latham's "AVO" tweet dated 4 May 2023, which called Mr Greenwich an "entitled European Prince", referred to "lawfare" and mocked Mr Greenwich, stating, "Should I take out an AVO for harassment?" (with crying, laughing emojis) (at [70] above).
275 It was also submitted that:
A further matter of aggravation is the effect of [Mr Latham's written opening submissions] on Mr Greenwich. Mr Greenwich told the Court he was angered and saddened when he read Mr Latham's written opening submissions. He rationally explained, from his perspective as a gay man, why the submissions were so damaging when he read them (T42.11-17):
So the –the document seeks to accept that "covering your dick with shit" should be considered as homosexual sex. That – that makes my stomach churn. The document I read seeks to say that a reasonable person could assume that I go into schools to talk about sexual activity. I don't and I wouldn't. I read it as a continuation and a justification on the attack on me, the attack on my character, and the way in which people should see me. It – it – it saddened me. It angered me…
276 Mr Latham did not make any detailed submission by way of response to the submissions set out at [274] and [275].
Consideration of damages
277 In this case, for the reasons I have given, there is no doubt that as a result of the publication of the primary tweet, for which Mr Latham offered no genuine apology, Mr Greenwich suffered a loss of standing because he was exposed to ridicule and that he experienced a significant subjective hurt to feelings, aggravated by the foreseeable "maelstrom" described in detail above. It may well be that much of it was the product of people with deranged minds, as
