DISTRICT COURT OF QUEENSLAND
CITATION:
Karzon v Pavlovic & Anor [2022] QDC 187
PARTIES:
GEORGE RAYMOND KARZON
(plaintiff)
v
RENEE PAVLOVIC(first defendant)
WANDULLA PTY LTD
ACN 061 467 865(second defendant)
FILE NO/S:
D92 of 2019
DIVISION:
Civil
PROCEEDING:
Hearing
DELIVERED ON:
19 August 2022
DELIVERED AT:
Southport
HEARING DATE:
25, 26 and 27 July 2022
JUDGES:
Jackson QC DCJ
ORDER:
The order of the court is that:
1. The first and second defendants pay the plaintiff damages for defamation in the sum of $70,000 in respect of the publication of the imputations pleaded at paragraphs 5(b), (d), (e) and (f) and 7(a) and (c) of the amended statement of claim filed 12 April 2019.
2. The first and second defendants pay the plaintiff interest in the sum of $8,279.18.
3. The first defendant is permanently restrained by herself, and/or her servants or agents from publishing or causing to be published any of the matters complained of in paragraphs 5(b), (d), (e) and (f) and 7(a) and (c) of the amended statement of claim filed in this proceeding on 12 April 2019 or matters substantially to the same effect as those matters complained of.
4. The second defendant is permanently restrained by itself, and/or its servants or agents from publishing or causing to be published any of the matters complained of in paragraphs 5(b), (d), (e) and (f) and 7(a) and (c) of the amended statement of claim filed in this proceeding on 12 April 2019 or matters substantially to the same effect as those matters complained of.
CATCHWORDS:
LEGISLATION:
CASES:
DEFAMATION – DEFAMATORY IMPUTATIONS – DEFAMATORY MEANING – Where there are two matters complained of – Where the matters were sent via email to members of a body corporate (that the plaintiff was chairperson of) – Whether the imputations alleged by the plaintiffs are made out – Whether they are defamatory.
DEFAMATION – DEFENCES – COMMON LAW DEFENCE OF QUALIFIED PRIVILEGE – Where the defendants claim that the publication was made in the interests of the body corporate – Whether the matters were published in the course of giving the recipients information – Whether the matters were published on a privileged occasion – Whether the first defendant was actuated by malice.
DEFAMATION – DEFENCES – STATUTORY DEFENCE OF QUALIFIED PRIVILEGE – Whether the recipients had an interest in receiving the information – Whether the matters were published in the course of giving the recipients information – Whether the conduct of the first defendant in publishing the matters was reasonable in the circumstances.
DEFAMATION – DAMAGES – ASSESSMENT OF DAMAGES – GENERAL DAMAGES – AGGRAVATED DAMAGES – Where the plaintiff seeks general compensatory damages – Where the plaintiff seeks aggravated damages – Where the defendants maintained the defence of justification until the morning of the trial – where the second defendant maintained that the first defendant was not an agent of the second defendant until closing addresses – Whether there has been malice – What measure damages should be…
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- AGLC
- Karzon v Pavlovic [2022] QDC 187
- Case
- [2022] QDC 187
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the publications were defamatory, if a qualified privilege defence applied, the appropriate measure of damages, and whether injunctions should be granted. The court found the imputations were defamatory, that no qualified privilege defence applied, and that an award of $70,000 in damages, including aggravated damages, was appropriate. The court also granted permanent injunctions preventing the defendants from repeating the defamatory statements.
The court held that the publications were defamatory, as they lowered Mr Karzon in the estimation of right-thinking members of society and exposed him to hatred, contempt or ridicule. The court rejected the defendants' claim that the publications were privileged, finding that they were not made in the interests of the body corporate and that the defendants were actuated by malice. The court awarded Mr Karzon $70,000 in damages and $8,279.18 in interest. Finally, the court granted permanent injunctions preventing the defendants from repeating the defamatory statements.
Orders
Orders of the court
The order of the court is that:
1. The first and second defendants pay the plaintiff damages for defamation in the sum of $70,000 in respect of the publication of the imputations pleaded at paragraphs 5(b), (d), (e) and (f) and 7(a) and (c) of the amended statement of claim filed 12 April 2019.
2. The first and second defendants pay the plaintiff interest in the sum of $8,279.18.
3. The first defendant is permanently restrained by herself, and/or her servants or agents from publishing or causing to be published any of the matters complained of in paragraphs 5(b), (d), (e) and (f) and 7(a) and (c) of the amended statement of claim filed in this proceeding on 12 April 2019 or matters substantially to the same effect as those matters complained of.
4. The second defendant is permanently restrained by itself, and/or its servants or agents from publishing or causing to be published any of the matters complained of in paragraphs 5(b), (d), (e) and (f) and 7(a) and (c) of the amended statement of claim filed in this proceeding on 12 April 2019 or matters substantially to the same effect as those matters complained of.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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