| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
S CI 2011 06654
| DAVID JEFFREY | First Plaintiff |
| THOMAS CURNOW | Second Plaintiff |
| v | |
| VIRGINIA GILES | Defendant |
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JUDGE: | PAGONE J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 10, 11, 12, 15, 16, 17, 18 April 2013 | |
DATE OF JUDGMENT: | 23 May 2013 | |
CASE MAY BE CITED AS: | David Jeffrey & Anor v Virginia Giles | |
MEDIUM NEUTRAL CITATION: | [2013] VSC 268 | |
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DEFAMATION – Publication of defamatory material on website – Whether published matter was likely to lead an ordinary reasonable person to think less of the plaintiffs – Injury to the plaintiffs – Distinction between impact of the defamatory material on the website and impact of the website as a whole and other conduct of the defendant – Effect of defamatory material on plaintiff’s physical health – Grapevine effect – Relevance of defendant’s understanding of “perjury” – Damages to bear an appropriate and rational relationship to the harm done - Aggravated damages – Whether defendant had a collateral motive in the maintaining the website – Whether defendant was seeking to inflate the value of the land - Defendant’s apology at trial - Defamation Act 2005 (Vic) s 34 – Supreme Court (General Civil Procedure) Rules 2005 (Vic) r 40.10.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Mr A Southall QC with Ms R Kaye | Ken Smith & Associates |
| Virginia Giles Self-represented Defendant |
HIS HONOUR:
David Jeffrey and Thomas Curnow sue Virginia Giles for defamation. On or about 10 June 2011, Virginia Giles obtained the domain name and created the website known as (“Quarry Fight website”) and from time to time uploaded and modified text on web pages associated with the domain name. Words appeared on the website from some date commencing in August 2011 which, on their natural and ordinary meaning, were claimed to be defamatory of Mr Jeffrey or Mr Curnow or both. In this proceeding Mr Jeffrey and Mr Curnow seek damages, including aggravated damages, a permanent mandatory injunction, interest and costs. The plaintiffs were represented at trial by Senior and Junior Counsel as well as solicitors. The defendant had been represented by lawyers up to 15 March 2013 who drew and settled her defence to the claim, but she was unrepresented at trial and conducted the proceeding, including giving evidence, cross examination of witnesses and making submissions, without professional legal, or other, assistance.
Mr Jeffrey was at all times a director and the operations manager of Casacir Pty Ltd (“Casacir”) which owns and operates a quarry business on land situated at Neerim North in Victoria. Mr Curnow is also a director of Casacir. Casacir employs approximately 40 employees across three quarries operating throughout the Gippsland region and has done so for many years. Mr Jeffrey was the third generation of a family in a construction, earthmoving and road building business which operated in the Latrobe Valley and was commenced by his grandfather. Mr Jeffrey has known Mr Curnow for some 25 years…
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- AGLC
- Jeffrey v Giles [2013] VSC 268
- Case
- [2013] VSC 268
- Decision Date
CaseChat Overview and Summary
The court considered the distinction between the impact of the defamatory material on the website and the impact of the website as a whole, as well as other conduct of the defendant. It held that the defamatory material was likely to harm the plaintiffs' reputation and cause them injury. The court also found that the defamatory material had a "grapevine effect," whereby it was likely to be disseminated beyond the initial audience, causing further harm to the plaintiffs. The court rejected the defendant's argument that his understanding of "perjury" was a collateral motive for maintaining the website, finding that the primary motive was to defame the plaintiffs. The court also found that the defendant was not seeking to inflate the value of the land.
The court awarded damages to the plaintiffs, finding that they were entitled to an amount that bore an appropriate and rational relationship to the harm done. The court also awarded aggravated damages, finding that the defendant's conduct was egregious and warranted an enhancement of the damages. The court rejected the defendant's apology at trial as insufficient to mitigate the harm caused to the plaintiffs. The court made orders for the defendant to pay the plaintiffs' costs of the proceeding.
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