Kumova v Davison (No 2)

The case of Kumova v Davison (No 2) involved a defamation proceeding brought by Mr Kumova, an Australian investor, against Mr Davison, a Twitter personality known as "Stock Swami". Mr Kumova alleged that Mr Davison had made seventeen defamatory imputations through six tweets, accusing him of insider trading, "pumping and dumping" of securities, and other market misconduct. The court found all seventeen imputations to be carried. The court examined the defences of justification and honest opinion, finding them to be unsuccessful. The court also considered the issue of damages, awarding general damages for non-economic loss and aggravated damages due to Mr Davison's relentless Twitter campaign against Mr Kumova despite the apology and the initiation of legal proceedings.

The court addressed the issue of a permanent injunction enjoining Mr Davison, who is domiciled in New Zealand, from making further defamatory statements. The court considered the relevant principles under the Trans-Tasman Proceedings Act 2010 (NZ) and the importance of the form of the proposed permanent injunction. The court ordered the parties to provide agreed or competing short minutes of order, including the amount of damages to be awarded and the form of injunction, by a specified date. The court also noted that Mr Davison had given an undertaking to refrain from publishing or republishing the defamatory imputations until a specified time.

In conclusion, the court found in favour of Mr Kumova, awarding him damages and enjoining Mr Davison from making further defamatory statements. The court emphasized the importance of practitioners ensuring that only bona fide contentions are put in issue in defamation cases, in line with the statutory duty to facilitate the just resolution of disputes according to law.