Ivory v Howard

Case [2024] FCA 1416


FEDERAL COURT OF AUSTRALIA

Ivory v Howard [2024] FCA 1416

File number: QUD 495 of 2023
Judgment of: SARAH C DERRINGTON J
Date of judgment: 10 December 2024
Catchwords: DEFAMATION – online publications – Facebook posts – where judgment entered against the respondent – impact of the publications – assessment of damages
Legislation:

Federal Court of Australia Act 1976 (Cth) ss 23, 37M, 37N(1), 37N(4), 43, 43(3)(g), 51A(1)(a)

Federal Court Rules 2011 (Cth) rr 5.23(2)(d), 39.06, 39.34, 40.02(b)

Defamation Act 2005 (Qld) ss 34, 40(2)

Cases cited:

Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 8) [2017] FCA 258

Carson v John Fairfax and Sons Ltd [1993] HCA 31; 178 CLR 44

Cerutti v Crestside Pty Ltd [2014] QCA 33; 1 Qd R 89

Costello v Random House Australia Pty Ltd (1999) 137 ACTR 1

El-Debel v Micheletto (in his capacity as joint and several trustee in bankruptcy of the estate of El-Debel) (No 2) [2021] FCAFC 146

Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; 243 CLR 52

Gain Capital UK Ltd v Citigroup Inc (No 2) [2016] FCA 243

King v Yurisich (No 2) [2007] FCAFC 51

Nine Network Australia Pty Ltd v Wagner [2020] QCA 221; 6 QR 64

Ogawa v University of Melbourne (No 2) [2004] FCA 1275

Roberts v Prendergast [2014] QCA 047; 1 Qd R 357

Ryan v Premachandran [2009] NSWSC 1186

Scott v Baring [2018] WASC 361

Triggell v Pheeney [1951] HCA 23; 82 CLR 497

Uren v John Fairfax & Sons Pty Ltd [1966] HCA 40; 117 CLR 118

Division: General Division
Registry: Queensland
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 48
Date of hearing: 22 November 2024
Counsel for the Applicant: Mr H Hadgraft
Solicitor for the Applicant: HFK Lawyers
Counsel for the Respondent: The Respondent did not appear

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…

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Details
AGLC
Ivory v Howard [2024] FCA 1416
Case
[2024] FCA 1416
Decision Date

CaseChat Overview and Summary

The applicant, Mr Ivory, filed a defamation suit against the respondent, Mr Howard, in the Federal Court of Australia, concerning defamatory statements made by Mr Howard on Facebook. The defamatory posts included claims that Mr Ivory was guilty of criminal activity, violent, a liar, a drug user, a bully, pathetic, and engaged in illegal activities. Mr Ivory sought damages, an injunction, and an order for costs.

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

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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