Gregory v Johnson

[2017] QDC 224

DISTRICT COURT OF QUEENSLAND

CITATION:

Gregory v Johnson [2017] QDC 224

PARTIES:

BRUCE ALEXANDER GREGORY

(plaintiff)

v

SAMANTHA JOHNSON

(defendant)

FILE NO/S:

1422 of 2016

DIVISION:

Civil

PROCEEDING:

Defamation claim

ORIGINATING COURT:

Brisbane District Court

DELIVERED ON:

21 July 2017, delivered ex tempore

DELIVERED AT:

Brisbane

HEARING DATE:

20 July 2017

JUDGE:

Muir DCJ

ORDER:

1.   Judgment is entered for the plaintiff in the sum of $170,901.92; comprising:

a.   $120,000 for compensatory damages

b.   $40,000 for aggravated damages; and

c.   $10,901.92 for interest

2.   The defendant be restrained, whether by herself, her servants or agents, from publishing matter of, and concerning, the plaintiff alleging that:

a.   he is a paedophile,

b.   he has been charged with sexual offences against children

c.   he films women in the shower;
or words to similar effect

3.   The defendant pay the plaintiff’s costs of the proceeding, including reserved costs, on the indemnity basis

CATCHWORDS:

DEFAMATION – where plaintiff seeks aggravated damages for three defamatory publications by the defendant asserting that the plaintiff is a paedophile – where plaintiff seeks an injunction to prevent the defendant from continuing to publish defamatory statements – where the plaintiff submits the presence of the ‘grapevine’ effect - where the plaintiff and defendant have been in a past relationship – whether there is evidence of continued publication of defamatory statements by the defendant – whether an injunction should be granted – whether damages should be awarded – whether costs should be calculated on the indemnity basis.

Criminal Code Act 1899 (Qld), s 227A(1)
Defamation Act 2005 (Qld), ss 14(2), 34 - 36, 38(1)
Uniform Civil Procedure Rules 1999 (Qld), r 288

Atholwood v Barrett [2004] QDC 505, considered
Bertwhistle v Conquest [2015] QDC 211, considered
Carson v John Fairfax and Sons Limited [1993] 178 CLR 44, followed
Cassell and Co Limited v Broome [1972] AC 1027, considered
Cerutti and Another v Crestside Proprietary Limited and Another [2016] 1 Qd R 89, followed
Channel 7 Sydney Proprietary Limited v Mahommed [2010] 278 ALR 232, considered
Favell v Queensland Newspapers Propriety Limited [2005] 79 ALJR 1716, considered
Giani v Queensland Television Limited and Others [2015] QDC 286, followed
Grattan v Porter [2016] QDC 202, cited
Hocken v Morris [2011] QDC 115, considered
Jones v Skelton [1964] NSWR 485, considered
Nowak v Putland [2011] QDC 259, considered
Queensland Newspapers Propriety Limited v Palmer [2012] 2 Qd R 139, followed
Roberts v Prendergast [2014] 1 Qd R 357, followed
Stevens v Boyle [2012] SASC 232, considered
Woolcott v Seeger [2010] WASC 19, cited

COUNSEL:

A Fitzpatrick for the plaintiff

SOLICITORS:

Aitken Whyte Lawyers for the plaintiff

The defendant appeared unrepresented

Introduction

1. This is a defamation case in which the plaintiff Bruce Alexander Gregory, has sued his former wife, Samantha Johnson, over three publications of defamatory allegations substantively that he is a paedophile, has been charged with sexual offences against children and that he films women in the shower. The plaintiff commenced…