Supreme Court
New South Wales
Medium Neutral Citation: Graham v Powell (No 4) [2014] NSWSC 1319 Hearing dates: 5 May 2014 Decision date: 26 September 2014 Before: McCallum J Decision: Plaintiff's damages assessed in the sum of $80,000; permanent injunction granted restraining the defendant from publishing any of the matters complained of, or matters substantially to the same effect as such matters, on the world wide web or otherwise; permanent injunction granted restraining the defendant from publishing any of the imputations complained of, or similar imputations, on the world wide web or otherwise; defendant ordered to pay plaintiff's costs
Catchwords: DEFAMATION - assessment of damages after entry of default judgment - application for permanent injunctions restraining further publication - persistent publication of serious defamatory imputations Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Carson v John Fairfax & Sons Limited & Slee [1993] HCA 31; (1993) 178 CLR 44
Palerang Council v Banfield (No 2) [2012] NSWLEC 158
Crampton v Nugawela (1996) 41 NSWLR 176
Davis v Nationwide News Pty Limited [2008] NSWSC 693
Graham v Powell [2013] NSWSC 1266
Graham v Powell (No 2) [2014] NSWSC 2026
Graham v Powell (No 3) [2014] NSWSC 2026
RSPCA v Mal Davies [2012] NSWSC 1445Category: Principal judgment Parties: Richard David Graham (plaintiff)
Allan William Powell (defendant)Representation: Counsel:
M Richardson (plaintiff)
No appearance for defendant
Solicitors:
Thomson Geer Lawyers (plaintiff)
File Number(s): 2013/182130 Publication restriction: None
Judgment
HER HONOUR: These are proceedings for defamation arising out of a number of Internet articles and an email published by the defendant, Mr Allan Powell. The publications relate, broadly, to the affairs of Palerang Council of which the plaintiff, Mr Richard Graham, is a councillor.
The proceedings were commenced by statement of claim filed 14 June 2013. The statement of claim seeks damages and injunctive relief.
The proceedings were initially defended by Mr Powell, who was representing himself. A defence to the statement of claim was filed on 15 August 2013. On 2 September 2013, I struck that defence out with leave to replead, for the reasons explained in my judgment published that day: Graham v Powell [2013] NSWSC 1266. In the same judgment, I rejected an application by Mr Powell to have the plaintiff's action dismissed.
An amended defence was filed on 2 October 2013. On 30 October 2013, Mr Graham filed a notice of motion to have the amended defence struck out and for default judgment for damages to be assessed. The notice of motion also sought orders in the terms of the injunctive relief sought in the statement of claim.
On 13 December 2013, I acceded to the application to have the amended defence struck out: Graham v Powell (No 2) [2014] NSWSC 2026. In that judgment, I also rejected an oral application by Mr Powell for a stay of the action and referred him to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance in the settling of…
Continue reading Graham v Powell (No 4)
Sign in free to access the full text
- AGLC
- Graham v Powell (No 4) [2014] NSWSC 1319
- Case
- [2014] NSWSC 1319
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court included the determination of the appropriate quantum of damages to be awarded in light of the persistent and serious nature of the defamatory statements, and whether permanent injunctions should be granted to prevent any further publication of the defamatory material. The court had to consider the principles of defamation law, the extent of the harm caused, and the necessity of injunctive relief to protect the plaintiff's reputation. Additionally, the court examined the adequacy of the default judgment entered earlier and whether it sufficiently addressed the damages claimed.
In its decision, the court emphasised the gravity of the defamatory statements and their impact on Mr Graham's reputation and career. The court found that the initial damages awarded were insufficient and increased the amount to better reflect the harm suffered. Regarding the injunctions, the court concluded that permanent injunctions were warranted to prevent any recurrence of the defamatory publications, given the persistent nature of the conduct. The court recognised the need for strong measures to protect individuals from ongoing defamation and to deter future instances of such harmful conduct.
The final orders included an increase in the damages awarded to Mr Graham and the grant of permanent injunctions restraining Mr Powell and others from further publishing the defamatory material. The court's decision underscored the importance of robust protections against defamation and the need for effective legal remedies to address serious reputational harm.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
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
Full text does not contain this section.