Curtis v Jason Victor Bishop Trading as Canberra Notice Board (Civil Dispute)

In the case of Curtis v Jason Victor Bishop trading as Canberra Notice Board, the applicant, Mr. Curtis, brought a defamation claim against the respondent, Jason Victor Bishop, who operates as Canberra Notice Board. The dispute centred on alleged defamatory comments made by the respondent on Facebook, which the applicant claimed had damaged his reputation. The matter was heard in the Civil and Administrative Tribunal of the ACT.

The court was required to determine several key legal issues. These included whether the comments were defamatory, the size and scope of the relevant audience, whether the respondent was indeed the publisher of the alleged defamatory material, and if the respondent could avail himself of any available defences. Furthermore, the court had to assess whether the applicant had made out a case for non-economic loss and, if so, determine the appropriate quantum of damages.

The Tribunal found that the comments were indeed defamatory and that the relevant audience was sufficiently broad to warrant the claim. The respondent was held to be the publisher of the defamatory material, as he had control over the Facebook page where the comments were posted. The respondent did not successfully avail himself of any available defences. The court found that the applicant had made out a case for non-economic loss and awarded damages of $3,500. The Tribunal declined to reduce the damages under section 139I of the Civil Law (Wrongs) Act 2002, finding that no circumstances warranted such a reduction.

The Tribunal ordered that the respondent was to pay the applicant $3,671.50 within 28 days of the decision date. This sum included $3,500 in damages, $162.50 in filing fees, and $9 in ASIC search fees. Additionally, the Tribunal corrected the respondent’s name from ‘Jason Victor Bishop trading as Canberra Notice Board Group’ to ‘Jason Victor Bishop trading as Canberra Notice Board’.