ACT CIVIL & ADMINISTRATIVE TRIBUNAL
BOTTRILL v BAILEY (Civil Dispute) [2018] ACAT 45
XD 1023/2017
Catchwords: CIVIL DISPUTE – defamation – whether the material is defamatory – whether the respondent is the publisher of the material – whether the respondent is able to avail herself of any of the defences upon which she relies – whether the applicant has made out a case for an award of damages for non-economic loss – whether the respondent’s conduct subsequent to publication gives rise to liability to pay aggravated damages – quantum of damages – whether any award of damages should be reduced pursuant to section 139I of the Civil Law (Wrongs) Act 2002
Legislation cited: ACT Civil and Administrative Tribunal Act 2008 ss 8, 18
Civil Law (Wrongs) Act 2002 ss 118, 120, 124, 125, 126, 127, 135, 136, 137, 138, 139, 139A, 139B, 139C, 139I
Human Rights Act 2004
Cases cited:Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158
Bishop v New South Wales [2000] NSWSC 1042
Bottrill v Christian and Anor [2016] ACAT 7
Bottrill v Sunol and Anor [2017] ACAT 81
Bottrill v Van Lieshout and Ors [2015] ACAT 26
Christian v Bottrill [2016] ACAT 104
Emmens v Pottle (1885) 16 QBD 354
Favell v Queensland Newspapers Pty Ltd [2005] HCA 52
Frawley v New South Wales [2006] NSWSC 248
Frawley v New South Wales [2007] NSWSC 1379
Haddon v Forsyth [2011] NSWSC 123
Hird v Wood (1894) 38 SJ 234
Ives v State of Western Australia [2013] WASC 277
Lee v Wilson and Mackinnon (1934) 51 CLR 276
Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632
Parmiter v Coupland (1840) 151 ER 340
Piscioneri v Brisciani [2015] ACTSC 106
Prince v Malouf [2014] NSWCA 12
Scott v Sampson [1882] 8 QBD 491
Sim v Stretch [1936] 2 All ER 1237
Urbanchich v Drummoyne Municipal Council (1991) Aust Torts Reports 81-127
Visscher v Maritime Union of Australia (No 6) [2014] NSWSC 350
Weatherup v Nationwide News Pty Ltd [2016] QSC 266
List of
Texts/Papers cited: Balkin, RP and Davis JLR, Law of Torts, 5th ed, 2013
Turner, DJ ‘Internet Defamation Law and Publication by Omission: a Multi-Jurisdictional Analysis’ (2014) 37(1) University of New South Wales Law Journal
Tribunal: Senior Member L Donohoe SC
Date of Orders: 20 April 2018
Date of Reasons for Decision: 20 April 2018
AUSTRALIAN CAPITAL TERRITORY )
CIVIL & ADMINISTRATIVE TRIBUNAL ) XD 1023/2017
BETWEEN:
DAVID BOTTRILL
Applicant
AND:
KATRINA BAILEY
Respondent
TRIBUNAL: Senior Member L Donohoe SC
DATE:20 April 2018
ORDER
The Tribunal orders that:
1.Judgment is entered for the applicant in the amount of $18,750 plus $130 allowable costs.
2.The respondent, immediately upon service of these orders upon her, is to remove the Van Lieshout Material from her Facebook page.
3.The respondent, immediately upon service of these orders upon her, is to publish an apology…
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- Case
- [2018] ACAT 45
- Decision Date
CaseChat Overview and Summary
The court had to decide if Ms Bailey had indeed misused confidential information and whether this constituted defamation against Mr Bottrill. Additionally, the court needed to determine the appropriate remedies for the misuse of confidential information and defamation. The court considered the evidence presented and the applicable laws, including the principle of confidentiality and the principles of defamation law.
In its decision, the court found that Ms Bailey had misused confidential information by posting the Van Lieshout material on her Facebook page without permission, and that this was defamatory of Mr Bottrill. The court awarded Mr Bottrill damages in the amount of $18,750 plus $130 in allowable costs. Furthermore, the court ordered Ms Bailey to remove the Van Lieshout material from her Facebook page and to publish an apology on the same platform, providing a hard copy to Mr Bottrill. The court also mandated that Ms Bailey pay the total sum of $18,880 to Mr Bottrill within 28 days of the order.
Orders
Orders of the court
The Tribunal orders that:
1. Judgment is entered for the applicant in the amount of $18,750 plus $130 allowable costs.
2. The respondent, immediately upon service of these orders upon her, is to remove the Van Lieshout Material from her Facebook page.
3. The respondent, immediately upon service of these orders upon her, is to publish an apology on her Facebook page and to provide the applicant with a hard copy of the apology.
4. The respondent is to pay the sum of $18,880 to the applicant within 28 days of this order.
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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