FEDERAL COURT OF AUSTRALIA
Ivory v Howard [2024] FCA 1416
ORDERS
QUD 495 of 2023 BETWEEN: SHEREE IVORY
Applicant
AND: SUSAN HOWARD
Respondent
ORDER MADE BY:
SARAH C DERRINGTON J
DATE OF ORDER:
10 DECEMBER 2024
THE COURT ORDERS THAT:
1.The respondent pay to the applicant the sum of $75,000.00 within 28 days of the date of these Orders.
2.Pursuant to r 39.06 of the Federal Court Rules 2011 (Cth), the respondent pay the applicant interest on the judgment sum, calculated at a rate of 5% for the period from 21 September 2023 until the date of judgment.
3.Pursuant to s 40(2) of the Defamation Act 2005 (Qld), the respondent pay the applicant’s costs of the proceeding on the indemnity basis.
4.Pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth), until further order of the Court:
(a)the respondent is permanently restrained from publishing a matter in any form to the effect that the applicant is:
(i)guilty of an offence;
(ii)a violent person;
(iii)a liar;
(iv)a drug user;
(v)a bully;
(vi)pathetic; or
(vii)engaged in illegal activities, and
(b)the respondent must, within 7 days, permanently remove or cause to be removed any publication by the respondent…
Continue reading Ivory v Howard
Sign in free to access the full text
- AGLC
- Ivory v Howard [2024] FCA 1416
- Case
- [2024] FCA 1416
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Facebook posts were indeed defamatory and, if so, the appropriate quantum of damages. The court also needed to determine whether an injunction was warranted to prevent further publication of the defamatory content. Additionally, the court had to assess the costs associated with the proceeding.
The court found that the Facebook posts were defamatory and awarded Mr Ivory $75,000 in damages, reflecting the harm caused by the defamatory statements. The court granted an injunction preventing Mr Howard from making any further defamatory publications about Mr Ivory. It also ordered Mr Howard to pay Mr Ivory's costs on the indemnity basis and imposed an interest on the judgment sum from the date of the initial claim until the date of judgment.
The court issued specific orders for Mr Howard to pay the damages, interest, and costs within certain timeframes. It also issued a permanent injunction restraining Mr Howard from making further defamatory statements about Mr Ivory. The matter was referred to a Registrar to determine the lump sum of costs. The orders were authenticated and required immediate entry into the court's records.
Orders
Orders of the court
1. The respondent pay to the applicant the sum of $75,000.00 within 28 days of the date of these Orders.
2. Pursuant to r 39.06 of the Federal Court Rules 2011 (Cth), the respondent pay the applicant interest on the judgment sum, calculated at a rate of 5% for the period from 21 September 2023 until the date of judgment.
3. Pursuant to s 40(2) of the Defamation Act 2005 (Qld), the respondent pay the applicant’s costs of the proceeding on the indemnity basis.
4. Pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth), until further order of the Court:
(a) the respondent is permanently restrained from publishing a matter in any form to the effect that the applicant is:
(i) guilty of an offence;
(ii) a violent person;
(iii) a liar;
(iv) a drug user;
(v) a bully;
(vi) pathetic; or
(vii) engaged in illegal activities, and
(b) the respondent must, within 7 days, permanently remove or cause to be removed any publication by the respondent of a matter in any form to the effect that the applicant is:
(i) guilty of an offence;
(ii) a violent person;
(iii) a liar;
(iv) a drug user;
(v) a bully;
(vi) pathetic; or
(vii) engaged in illegal activities.
5. Pursuant to r 40.02(b) of the Federal Court Rules 2011 (Cth), costs be awarded in a lump sum.
6. The matter be referred to a Registrar for the determination of an appropriate lump sum.
7. Pursuant to r 39.34 of the Federal Court Rules 2011 (Cth), these Orders are authenticated and are to be entered forthwith.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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.