Jones v Jackson (No 2)

Case [2023] NSWDC 410


District Court


New South Wales

Medium Neutral Citation: Jones v Jackson (No 2) [2023] NSWDC 410
Hearing dates: 14 September 2023
Date of orders: 06 October 2023
Decision date: 06 October 2023
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

(1) Pursuant to s 10A of the Defamation Act 2005 (NSW), by reason of the plaintiff having failed to establish serious harm, these proceedings are struck out and dismissed.

(2)   The plaintiff is to pay the defendant’s costs, with liberty to apply.

(3)   Exhibits retained until further order.

Catchwords:

TORT – defamation – plaintiff’s former de facto publishes Facebook comment saying the plaintiff, who had just received a sporting award, did not have the spirit of sport when it came to his personal life or telling the truth about his disability - preliminary ruling on “serious harm” – post read by a small number of persons - publication “not a numbers game” – no evidence any reader thought less of the plaintiff by reason of publication of the post – causation - no connection between matter complained of and other publications by third parties - plaintiff failed to prove publication of the post caused or was likely to cause serious harm to his reputation – proceedings dismissed with costs

Legislation Cited:

Defamation Act 2005 (NSW), s 10A

Defamation Act 2013 (UK) c 26, s 1

Family Law Act 1975 (Cth)

Cases Cited:

Ames v Spamhouse Project Limited [2015] 1 WLR 3409

Bazzi v Dutton [2022] FCAFC 84

Dhir v Saddler [2017] EWHC 3155 (QB)

Dingle v Associated Newspapers Ltd [1962] 2 All ER 737; [1964] AC 371

Economou v De Freitas [2016] EWHC 1218 (QB)

Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103

Jones v Amalgamated Television Services Pty Ltd (1991) 23 NSWLR 364

Jones v Jackson [2023] NSWDC 76

Lachaux v Independent Print Ltd [2020] AC 612

Mardas v New York Times Co [2009] EMLR 8

Perkins v Floradale Productions Pty Ltd & Ors (District Court of NSW, Walmsley SC DCJ, 28 May 2013, unreported)

Rader v Haines [2022] NSWCA 198

Selkirk v Hocking (No 2) [2023] FCA 1085

Sims v Jooste (No 2) [2016] WASCA 83

Slipper v BBC [1991] 1 QB 283

Supaphien v Chaiyabarn [2023] ACTSC 240

Toomey v John Fairfax & Sons Ltd (1985) 1 NSWLR 291

Wen Yue He v Chinese Newspapers Pty Ltd [2005] NSWSC 253

Texts Cited:

Nil

Category:Procedural rulings
Parties: Stuart Jones (Plaintiff)
Letitia Jackson (Defendant)
Representation:

Counsel:
Mr A Munro (Plaintiff)
Ms M Harris (Defendant)

Solicitors:
O'Brien Criminal & Civil Solicitors (Plaintiff)
Williamson Isabella Lawyers (Defendant)
File Number(s): 2022/00366567
Publication restriction: Nil

Judgment

The application before the court

  1. These are proceedings for a serious harm ruling brought pursuant to s 10A of the Defamation Act 2005 (NSW) (“the Act”).

  2. The proceedings were adjourned for the reasons set out in my earlier judgment of 30 March 2023 (Jones v Jackson [2023] NSWDC 76 at [17]), namely to permit the parties to consider their position concerning a forthcoming Four Corners

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Details
AGLC
Jones v Jackson (No 2) [2023] NSWDC 410
Case
[2023] NSWDC 410
Decision Date

CaseChat Overview and Summary

In the matter of Jones v Jackson (No 2), the plaintiff, Mr Jones, sought to establish that a defamatory statement published by his former de facto partner, Ms Jackson, on Facebook constituted serious harm to his reputation. The dispute was brought before the Supreme Court of New South Wales. The comment in question, posted after Mr Jones had received a sporting award, implied that he lacked the spirit of sport in his personal life and was dishonest about his disability. The court was tasked with determining whether the publication of this comment amounted to serious harm under the Defamation Act 2005 (NSW).

The court addressed two primary legal issues: first, whether the publication of the Facebook comment caused serious harm to Mr Jones' reputation; and second, whether there was causation between the defamatory content and the alleged harm. The court noted that the post was read by a relatively small number of people and found no evidence that any reader held a diminished opinion of Mr Jones due to the comment. Additionally, there was no connection between the Facebook post and other publications by third parties that might have contributed to the alleged harm. The court concluded that Mr Jones had not met the burden of proving that the post caused or was likely to cause serious harm to his reputation.

Given the findings, the court ruled in favour of Ms Jackson. The proceedings were dismissed, and Mr Jones was ordered to pay Ms Jackson's costs, with liberty to apply for a more favourable order. The exhibits were retained pending further orders. This decision underscores the stringent requirements for establishing serious harm in defamation cases and highlights the importance of evidence in proving causation and the impact of the defamatory statement on the plaintiff's reputation.

Orders

Orders of the court

(1) Pursuant to s 10A of the Defamation Act 2005 (NSW), by reason of the plaintiff having failed to establish serious harm, these proceedings are struck out and dismissed.

(2) The plaintiff is to pay the defendant’s costs, with liberty to apply.

(3) Exhibits retained until further order.

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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