Asbog Veterinary Services Pty Ltd v Barlow

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DISTRICT COURT OF QUEENSLAND

CITATION:

Asbog Veterinary Services Pty Ltd & Anor v Barlow [2020] QDC 112

PARTIES:

ASBOG VETERINARY SERVICES PTY LTD
ACN 010 316 248
TRADING AS ALBION VETERINARY SURGERY AND EATONS HILL VETERINARY SURGERY

(first plaintiff)

and

ALLEN STANISLAUS BRIAN O’GRADY

(second plaintiff)

v

CARRIE BARLOW

(defendant)

FILE NO/S:

No 4809 of 2014

DIVISION:

Civil

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

11 June 2020

DELIVERED AT:

Brisbane

HEARING DATE:

20 and 21 June 2019

JUDGE:

Sheridan DCJ

ORDER:

1.   It is ordered that the defendant pay to the first plaintiff damages for defamation in the sum of $10,000 plus interest in the amount of $1,697.72.

2.   It is ordered that the defendant pay to the second plaintiff damages for defamation in the sum of $15,000 plus interest in the amount of $2,546.57.

3.   The defendant is permanently restrained, by herself and/or her servants or agents, from publishing or causing to be published the words set out in the First to Seventh Publications or words to the like effect.

4.   If the parties are able to reach agreement as to costs, a consent order signed by the parties be filed by 4:00pm, Thursday, 25 June 2020.

5.   If the parties cannot reach agreement as to costs:

the plaintiffs file submissions, of no more than 4 pages in length, excluding any attachments by 4:00pm, Thursday, 2 July 2020;(i)        

the defendant file submissions, of no more than 4 pages in length, excluding any attachments by 4:00pm, Thursday, 9 July 2020; and(ii)       

the plaintiffs file any submissions in reply, of no more than 2 pages in length, by 4:00pm, Monday, 16 July 2020.(iii)      

CATCHWORDS:

DEFAMATION – PUBLICATION – GENERALLY – INTERNET PUBLICATIONS – SOCIAL MEDIA – where plaintiffs sued in respect of seven separate comments made on Twitter, Facebook and True Local – where defendant admits to publication of seven publications of and concerning plaintiffs – where plaintiffs allege that these publications give rise to defamatory imputations – whether the alleged imputations are coveyed – whether the alleged imputations are defamatory of the plaintiffs

DEFAMATION – ACTIONS FOR DEFAMATION – PARTIES – WHO MAY SUE – where defendant submits first plaintiff has no cause of action for defamation as it was not an excluded corporation at the time of the publication – whether the first plaintiff is an excluded corporation pursuant to s 9 of the Defamation Act 2005 (Qld)

DEFAMATION – JUSTIFICATION – TRUTH – SUBSTANTIAL TRUTH AND CONTEXTUAL TRUTH –where the defendant seeks to establish defence of substantial truth or justification – whether the words of each of the defamatory imputations contained in the publications were true and justified pursuant to s 25 of the Defamation Act 2005 (Qld)

DEFAMATION – OTHER DEFENCES – HONEST OPINION – where in respect of six publications defendant seeks to establish defence of honest opinion – whether words of the six publications were honest opinions rather than statements of fact pursuant to s 31 of the

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Details
Case
[2020] QDC 112
Decision Date

CaseChat Overview and Summary

The case of Asbog Veterinary Services Pty Ltd v Barlow involved two veterinary practices, Asbog Veterinary Services Pty Ltd and its director, suing a former employee, Barlow, for defamation. The plaintiffs claimed that Barlow had made defamatory comments about them on various social media platforms. Barlow admitted to publishing the comments but argued that they were either true or constituted honest opinions. The plaintiffs sought damages and injunctive relief. The court had to determine whether the comments were defamatory, if the plaintiffs were eligible to sue, whether the defences of justification and honest opinion applied, and if damages and injunctions were appropriate.

The court found that the comments made by Barlow were defamatory, as they conveyed the imputation that the plaintiffs were unfit to run a veterinary practice. Regarding the eligibility of the first plaintiff to sue, the court determined that it was not an excluded corporation under the Defamation Act 2005 (Qld). The defence of justification was rejected, as the court found that the comments were not substantially or contextually true. The court also dismissed the defence of honest opinion, as the comments were not based on proper material and did not relate to matters of public interest. As a result, the plaintiffs were awarded damages and injunctive relief.

In conclusion, the court ordered Barlow to pay damages to the plaintiffs, with interest, and permanently restrained her from re-publishing the defamatory comments. If the parties could not agree on costs, they were required to file written submissions by specified dates. This case highlights the importance of considering the nature of online publications and the potential legal consequences of defamatory comments on social media.

Orders

Orders of the court

1. It is ordered that the defendant pay to the first plaintiff damages for defamation in the sum of $10,000 plus interest in the amount of $1,697.72.

2. It is ordered that the defendant pay to the second plaintiff damages for defamation in the sum of $15,000 plus interest in the amount of $2,546.57.

3. The defendant is permanently restrained, by herself and/or her servants or agents, from publishing or causing to be published the words set out in the First to Seventh Publications or words to the like effect.

4. If the parties are able to reach agreement as to costs, a consent order signed by the parties be filed by 4:00pm, Thursday, 25 June 2020.

5. If the parties cannot reach agreement as to costs:

the plaintiffs file submissions, of no more than 4 pages in length, excluding any attachments by 4:00pm, Thursday, 2 July 2020;(i)

the defendant file submissions, of no more than 4 pages in length, excluding any attachments by 4:00pm, Thursday, 9 July 2020; and(ii)

the plaintiffs file any submissions in reply, of no more than 2 pages in length, by 4:00pm, Monday, 16 July 2020.(iii)

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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