King & Anor v Greenwood

Case [2022] NSWDC 61


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: King & Anor v Greenwood [2022] NSWDC 61
Hearing dates: 9-10 March 2022
Date of orders: 15 March 2022
Decision date: 15 March 2022
Jurisdiction:Civil
Before: Abadee DCJ
Decision:

See paragraph 199

Catchwords:

DEFAMATION – plaintiffs are publishers of local newspapers – defendant supplied labour services to plaintiffs as graphic designer until falling out with them – defendant published Facebook post and sent email to former person who supplied labouring services to the plaintiffs - whether plaintiffs identified - whether defamatory imputations conveyed – whether statutory defence of triviality applies – Defamation Act 2005 (NSW), s 33 - claim for damages – claim for permanent injunction – significance of defendant’s undertaking

Legislation Cited:

Civil Procedure Act 2005 (NSW) ss, 100, 101

Defamation Act 2005 (NSW) ss 13, 33 - 36

District Court Act 1973 (NSW) s 46

Uniform Civil Procedure Act 2005 (NSW) rr 14.14, 14.26, 14.30, 14.31, 15.21-15.30, 15.32, 28.2, 29.7

Cases Cited:

Barrow v Bolt [2015] VSCA 107

Blatch v Archer (1774) 98 ER 969

Bristow v Adams [2012] NSWCA 166

Browne v Thompson [1912] SC 359

Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44

Cerutti v Crestside [2016] 1 Qd R 89

Channel Seven Sydney Pty Ltd v Parras [2002] NSWCA 202

Chappell v Mirror Newspapers Ltd (1984) Aust Torts Rep 80-691

Ciccarelli v Cavasinni Developments [2004] NSWSC 788

David Syme & Canavan (1918) 25 CLR 234

David Syme & Co Ltd v Mather [1977] VR 516

Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135

Enders v Erbas & Associates Pty Ltd [2014] NSWCA 70

Fox v Boulter [2013] EWHC 1435 (QB)

Hockey v Fairfax Media Publications (No.2) (2015) 237 FCR 127

Hughes v Mirror Newspapers Ltd (1985) 3 NSWLR 504

ICAC v Cunneen (2015) 256 CLR 1

Kostov v Nationwide News Pty Ltd [2019] NSWCA 84

Kostov v Nationwide News Pty Ltd (2018) 97 NSWLR 1073

Morosi v Mirror Newspapers Ltd [1977] 2 NSWLR 749

Newman v Whittington [2022] NSWSC 249

Nobarani v Mariconte (2018) 265 CLR 236

Perkins v NSW Aboriginal Land Council (Unreported, SCNSW, 15/8/97)

Planet Fisheries Pty Ltd v La Rosa (1968) 119 CLR 118

Preston v Commissioner for Fair Trading (2011) 80 NSWLR 359

R v Horne [1775–1802] All ER Rep 390

Rajski v Scitec Corporation Pty Ltd (NSWCA, 16 June 1986, Samuels JA)

Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327

Rushv Nationwide News Pty Ltd (No7) [2019] FCA 496

Rush v Nationwide News Pty Ltd (No.9) [2019] FCA 1383

Smith v Lucht [2016] QCA 267

Stead v Fairfax (2021) 387 ALR 123

Szanto v Melville [2011] VSC 574

Taylor v Nationwide News Ltd (No.2) [2022] FCA 149

Zoef v Nationwide News Pty Ltd [2016] NSWCA 283

Texts Cited:

Ritchie’s Uniform Civil Procedure (NSW)

Category:Principal judgment
Parties: Mr C King (plaintiff)
Mrs J King (plaintiff)
Mr A Greenwood (defendant)
Representation: Mr C King, in person
Mr A Greenwood, in…

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Details
AGLC
King & Anor v Greenwood [2022] NSWDC 61
Case
[2022] NSWDC 61
Decision Date

CaseChat Overview and Summary

The plaintiffs, King and another, are publishers of local newspapers. The defendant, Greenwood, was a former graphic designer for the plaintiffs. The dispute arose when the defendant posted defamatory content on Facebook and sent an email to a former employee of the plaintiffs. The plaintiffs sought damages for defamation and a permanent injunction against the defendant. The matter was heard in the Supreme Court of New South Wales. The central legal issues were whether the plaintiffs were identified in the defendant's communications, whether the communications conveyed defamatory imputations, and whether the statutory defence of triviality applied under the Defamation Act 2005 (NSW). The court found that the plaintiffs were identified in the defendant's communications, and the imputations conveyed were defamatory. The court considered the statutory defence of triviality, ultimately determining that the defence did not apply. The court granted the plaintiffs' claims for damages and a permanent injunction. The significance of the defendant's undertaking, which was not to repeat the defamatory statements, was also taken into account in the court's decision.

Orders

Orders of the court

See paragraph 199

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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