Bowden v KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig and Chapman

In Bowden v KSMC Holdings Pty Ltd, the plaintiff, a former employee of the defendant childcare centre, sued for defamation and other relief. The dispute arose from an email sent by the defendant to parents of children at the centre, which the plaintiff claimed was defamatory concerning his character and honesty. The defendant raised several defences, including truth, substantial truth, a relevant interest, common law qualified privilege, statutory qualified privilege, and triviality. The plaintiff also filed a cross-claim alleging overpayment of wages by the defendant.

The court considered whether the email was defamatory, examining the pleaded defences. It determined that the email was indeed defamatory and rejected all defences raised by the defendant. The court also found in favour of the plaintiff on the cross-claim for overpayment of wages. The court awarded the plaintiff compensatory, aggravated, and special damages, totalling $237,970.22, including pre-judgment interest. The court ordered that the exhibits be returned and that the defendants pay the plaintiff's costs of the proceedings. The first defendant was also ordered to pay the plaintiff's costs of the unsuccessful cross-claim against him. The court granted liberty to apply for further orders if needed.