DISTRICT COURT OF QUEENSLAND
CITATION:
Brose v Baluskas & Ors (No 6) [2020] QDC 15
PARTIES:
TRACEY ANN BROSE
(Plaintiff)v
DONNA JOY BALUSKAS
(First Defendant)and
MIGUEL BALUSKAS
(Second Defendant)and
TRUDIE ARNOLD
(Third Defendant)and
IAN MARTIN
(Fourth Defendant)and
KERRI ERVIN
(Fifth Defendant)and
LAURA LAWSON
(Sixth Defendant)
and
CHARMAINE PROUDLOCK
(Seventh Defendant)FILE NO/S:
D148 of 2016
DIVISION:
Civil
PROCEEDING:
Trial
ORIGINATING COURT:
District Court at Southport
DELIVERED ON:
28 February 2020
DELIVERED AT:
Southport
HEARING DATES:
8 October 2019 – 1 November 2019JUDGE:
Muir DCJ
ORDER:
1. It is ordered that the first defendant pay to the plaintiff damages for defamation in the sum of $3,000 for publication of the imputations pleaded at paragraphs 11(f),(g) and (h) of the further amended statement of claim filed on 3 October 2019.
2. It is ordered that the second defendant pay to the plaintiff damages for defamation in the sum of $3,000 for publication of the imputations pleaded at paragraph 16(f) and (i) of the further amended statement of claim filed on 3 October 2019.
3. The plaintiff’s claim against the third defendant is dismissed.
4. The plaintiff’s claim against the sixth defendant is dismissed.
5. The first defendant is permanently restrained by herself, and/ or her servants or agents, from publishing or causing to be published any of the matters complained of in paragraphs 11(f) (g) and (h) of the further amended statement of claim filed in these proceedings on 3 October 2019 or matters substantially to the same effect as those matters complained of.
6. The second defendant is permanently restrained by himself, and/or his servants or agents, from publishing or causing to be published any of the matters complained of in paragraphs 16(f) and (i) of the further amended statement of claim filed in these proceedings on 3 October 2019 or matters substantially to the same effect as those matters complained of.
CATCHWORDS:
DEFAMATION - PUBLICATION - GENERALLY - INTERNET PUBLICATIONS – SOCIAL MEDIA – where the plaintiff sued in respect of comments made on Facebook and Change.org – where the forums were specifically created to support the plaintiff – where the defendants admit publication – where features of social media are considered – where features of social media are part of the context in which imputations are read
DEFAMATION - PUBLICATION – EXTENT OF PUBLICATION – GRAPEVINE EFFECT whether the grapevine effect arises out of facts – where the publications were available for a limited period of time – where the plaintiff claimed publications had been read by thousands of people – where the evidence did not support a claim that the publications had been widely read – where evidence demonstrated limited grapevine effect – where grapevine effect arises out of media coverage of the proceedings
DEFAMATION – STATEMENTS AMOUNTING TO DEFAMATION – PARTICULAR STATEMENTS – IMPUTATIONS – where the plaintiff sued in respect of comments made on social media– whether alleged imputations are carried by the words of the publication –…
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- Case
- [2020] QDC 15
- Decision Date
CaseChat Overview and Summary
The court found that some of the imputations carried by the defendants' comments were defamatory, despite the speculative nature of the comments. It concluded that the comments had not been widely disseminated, limiting the "grapevine effect". The court rejected the defences of justification, contextual truth, and triviality. In assessing damages, the court recognised that the plaintiff's reputation had already suffered due to her suspension and other personal circumstances, and that the defamatory comments were one of multiple factors contributing to her hurt and distress. The court awarded damages of $3,000 to the plaintiff against two defendants, and dismissed her claims against two others.
The court ordered the first defendant to pay $3,000 for defamatory comments made on Facebook, and the second defendant to pay $3,000 for comments made on Change.org. It dismissed the plaintiff's claims against the third and sixth defendants, finding that the evidence did not support her claims against them. The court also issued permanent injunctions against the first and second defendants, prohibiting them from publishing the defamatory comments or matters substantially to the same effect.
Orders
Orders of the court
1. It is ordered that the first defendant pay to the plaintiff damages for defamation in the sum of $3,000 for publication of the imputations pleaded at paragraphs 11(f),(g) and (h) of the further amended statement of claim filed on 3 October 2019.
2. It is ordered that the second defendant pay to the plaintiff damages for defamation in the sum of $3,000 for publication of the imputations pleaded at paragraph 16(f) and (i) of the further amended statement of claim filed on 3 October 2019.
3. The plaintiff’s claim against the third defendant is dismissed.
4. The plaintiff’s claim against the sixth defendant is dismissed.
5. The first defendant is permanently restrained by herself, and/ or her servants or agents, from publishing or causing to be published any of the matters complained of in paragraphs 11(f) (g) and (h) of the further amended statement of claim filed in these proceedings on 3 October 2019 or matters substantially to the same effect as those matters complained of.
6. The second defendant is permanently restrained by himself, and/or his servants or agents, from publishing or causing to be published any of the matters complained of in paragraphs 16(f) and (i) of the further amended statement of claim filed in these proceedings on 3 October 2019 or matters substantially to the same effect as those matters complained of.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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