Ajok v Mares

The applicant, Ajok, sought summary judgment against the respondent, Mares, in a defamation claim. The basis of the dispute was a Facebook post allegedly defamatory of Ajok, published by Mares. The Federal Circuit and Family Court of Australia was the forum for this application.

The central legal issue was whether the content of Mares' post was capable of defaming Ajok. The court examined the threshold question of whether the post was published to a third party and if it was capable of carrying a defamatory meaning. The court also considered the defences available to Mares, including truth and honest opinion.

The court found that the post was indeed published to a third party and was capable of carrying a defamatory meaning. However, the court held that the statement was not defamatory because it was not published to a third party with the requisite knowledge. Additionally, the court determined that the defences of truth and honest opinion were not available to Mares as the content of the post was not factual and the opinion expressed was not honestly held. Consequently, the application for summary judgment was dismissed, and no order was made as to costs.