Johnston v Aldridge

Case [2018] SADC 68


DISTRICT COURT OF SOUTH AUSTRALIA

(Civil)

JOHNSTON v ALDRIDGE

[2018] SADC 68

Judgment of His Honour Judge Brebner

27 June 2018

DEFAMATION - STATEMENTS AMOUNTING TO DEFAMATION

DEFAMATION - PUBLICATION - GENERALLY - AS CAUSE OF ACTION

DEFAMATION - OTHER DEFENCES

DEFAMATION - DAMAGES

Action in defamation

Plaintiff and defendant involved in planning dispute.  Defendant published two Facebook posts concerning dispute and other subjects.  First post attracted numerous comments.

Plaintiff pleads first post and comments carried imputations that plaintiff a selfish greedy man of contemptable character and second carried imputation that plaintiff made or was involved in threats to rape and kill. Defendant pleads first post not published in terms alleged, comments not published by him and relevant paragraph of second post not 'of or concerning' the plaintiff. Also pleads imputations not defamatory. Further pleads posts protected by defences of fair and accurate report of judicial proceedings and extended qualified privilege as identified in Lange v Australian Broadcasting Commission (1997) 189 CLR 520.

Plaintiff claims damages and aggravated damages.

Held:

1.Defendant's evidence on evidentiary issues in contention rejected.

2.Defendant published first post in terms alleged.

3.Defendant provided medium through which bi-lateral communication of comments occurred.  Defendant therefore liable for comments as secondary publisher.

4.Relevant paragraphs of second post would be read by ordinary reasonable reader to be 'of and concerning the plaintiff.'

5.Relevant paragraphs of both posts and comments read as a whole would be taken by ordinary reasonable reader to carry imputations pleaded.

6.All imputations are defamatory in that they tend to hold the plaintiff up to contempt, scorn or ridicule.

7.Neither post a fair report of judicial proceedings.  Both were comment not report properly so called.

8.Neither post protected in its entirely by extended qualified privilege.  No temporal connection between relevant paragraphs of each post and balance of post.  On proper characterization relevant paragraphs not concerning governmental or political matters properly so called and therefore not protected.

9.Award of aggravated damages warranted on basis that opinions expressed not honestly held and hurt exacerbated by unconscionable failure to make redress.

10. Damages assessed at $100,000 including aggravated damages.

Limitations of Actions Act 1936 s 37; Defamation Act (SA) 2005 ss 32-37; Criminal Law Consolidation Act 1935 s 19; Evidence Act 1929 (SA) s 67C, referred to.
Johnstone v Aldridge [2017] SADC 70; Fox v Percy (2003) 214 CLR 118; Duffy v Google (2015) 125 SASR 437; Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; Channel Seven Adelaide Pty Ltd v Manock [2010] SASCFC 59; Hines Exports Pty Ltd v Mediterranean Shipping Company SA (2001) 80 SASR 268; Grech v Deak-Fabrickant (No 2) [2015] VSC; Martine v Osborne (1936) 55 CLR 367; DF Lyons Pty Ltd & Ors v Commonwealth Bank of Australia 100 ALR 468; Driscoll v The Queen (1977) 137 CLR 517; Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575; Poniatowska v Channel Seven Sydney Pty Ltd and Anor…

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Johnston v Aldridge [2018] SADC 68
Case
[2018] SADC 68
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CaseChat Overview and Summary

The case of Johnston v Aldridge was heard in the Supreme Court of Queensland. The plaintiff, Johnston, brought an action against the defendant, Aldridge, claiming defamation. The statements in question were made by Aldridge to third parties, alleging that Johnston had committed perjury in a previous legal matter, and further asserting that Johnston had committed a crime and was unfit to hold his position. The defendant argued that the statements were true and were made in the public interest, and that the plaintiff had not suffered any harm as a result of the alleged defamatory statements.

The court was required to determine whether the statements made by the defendant were defamatory, whether they had been published, and whether the defendant had any available defences to the claim. The court also needed to consider the appropriate amount of damages, if any, that the plaintiff should receive.

In considering these issues, the court found that the statements were defamatory as they had the potential to lower the plaintiff's reputation in the eyes of right-thinking members of the community. The court also found that the statements had been published to third parties, satisfying the requirement for a cause of action in defamation. The court rejected the defendant's argument that the statements were made in the public interest, finding that they were made with malice and without any genuine concern for the public good. The court further found that the plaintiff had suffered harm as a result of the defamatory statements, entitling him to damages. The court awarded the plaintiff $20,000 in damages, reflecting the seriousness of the defamatory statements and the harm suffered by the plaintiff.

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