Maras v Lesses

The case of Maras v Lesses involved a dispute between Mr Maras and Mr Lesses regarding statements made by Mr Lesses about Mr Maras in the context of negotiations between the Greek Orthodox Community of South Australia (GOCSA) and the Archdiocese. The case was heard in the Supreme Court of South Australia. The primary issue before the court was whether Mr Lesses' statements were defamatory and if so, whether they were protected by any applicable privileges or defences.

The court had to determine if Mr Lesses' statements were defamatory, specifically if they lowered Mr Maras' reputation in the eyes of right-thinking members of the community. The court also considered whether Mr Lesses had any valid defences to the defamation claim, such as qualified privilege or justification. The court examined the context and content of the statements, the relationship between the parties, and the circumstances under which the statements were made to assess these issues.

In reaching its decision, the court found that Mr Lesses' statements were indeed defamatory. It held that the statements implied that Mr Maras had acted improperly by entering into discussions with the Archdiocese without the knowledge or approval of GOCSA members or the Executive Committee. The court found that these statements were capable of lowering Mr Maras' reputation and thus were defamatory. Regarding the defences, the court found that Mr Lesses did not establish qualified privilege or justification. The court concluded that the statements were not made in a manner that would warrant protection under qualified privilege, nor were they true, which is a requirement for the defence of justification.

The court awarded damages to Mr Maras for the defamatory statements made by Mr Lesses. The exact amount of damages was determined based on the severity and impact of the defamation on Mr Maras' reputation.