Martin v Najem

Case [2022] NSWDC 479


District Court


New South Wales

Medium Neutral Citation: Martin v Najem [2022] NSWDC 479
Hearing dates: 12 October 2022
Date of orders: 17 October 2022
Decision date: 17 October 2022
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

Order:

(1)   Judgment for the plaintiff for the sum of $300,000, including aggravated damages, plus interest of $6,656.

(2) Defendant pay plaintiff’s costs, with liberty to apply for indemnity costs and/or a gross sum costs order pursuant to s 98 of the Civil Procedure Act 2005 (NSW).

(3)   The Defendant by himself or by his servants or agents, be permanently restrained from publishing, or causing to be published, any matter that conveys any one or more of the following imputations, or imputations not differing in substance, of and concerning the Plaintiff:

(a) he is a paedophile;

(b) he is a racist; and

(c) he is the most hated person in the social media marketing industry.

(4)   Exhibits retained until further order.

Catchwords:

TORT - defamation - two videos of abusive and threatening content accusing the plaintiff of paedophilia and racism - defendant challenges capacity and serious harm but raises no substantive defences - defendant fails to attend hearing and solicitors granted leave to withdraw - imputations conveyed and serious harm established - damages including aggravated damages - interest - permanent injunction granted

Legislation Cited:

Defamation Act 2005 (NSW) ss 10A, 34 and 35

Defamation Act 2013 (UK) s 1

District Court Act 1973 (NSW) s 46

Online Safety Act 2021 (Cth) ss 5 and 7

Uniform Civil Procedure Rules 2005 (NSW) rr 7.27, 17.3 and 29.7

Cases Cited:

Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419

Andrew Hennessey v Architectus Group Holdings Pty Ltd [2010] NSWDC 61

Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154

Bazzi v Dutton [2022] FCAFC

Cerutti v Crestside Pty Ltd [2014] QCA 33

Dhir v Saddler [2017] EWHC 3155 (QB)

Fentiman v Marsh [2019] EWHC 2099 (QB)

French v Fraser [2015] NSWSC 1807

Gair and Turland v Greenwood [2020] NSWDC 586

Hague v Cordiner (No. 2) [2020] NSWDC 23

Johnson v Nationwide News Pty Ltd & 1 Or [2005] NSWCA 17; 62 NSWLR 309

Hague v Cordiner (No. 2) [2020] NSWDC 23

Hockey v Fairfax Media Pty Ltd [2015] FCA 652

Mahommed v Unicomb [2017] NSWCA 65

Mahommed v Unicomb [2018] NSWSC 291

Mahommed v Unicomb [2021] NSWCA 108

Massoud v Nationwide News Pty Ltd; Massoud v Fox Sports Australia Pty Ltd [2022] NSWCA 150

Napag Trading Ltd v Gedi Gruppo Editoriale SPA [2020] EWHC 3034 (QB)

Newman v Whittington [2022] NSWSC 249

North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin [2014] NSWDC 125

Overmyer Industrial Brokers Pty Ltd v Campbells Cash & Carry Pty Ltd [2003] NSWCA 305

Pelechowski v Registrar (1999) 198 CLR 435

Rader v Haines [2022] NSWCA 198

Rothe v Scott (No 4) [2016] NSWDC 160

Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496

Satz v ACN…

Continue reading Martin v Najem

Sign in free to access the full text

Details
AGLC
Martin v Najem [2022] NSWDC 479
Case
[2022] NSWDC 479
Decision Date

CaseChat Overview and Summary

The matter of Martin v Najem was heard in a court where the plaintiff, Martin, sought damages for defamation caused by the defendant, Najem, through the publication of two videos containing serious and abusive allegations. These videos accused Martin of being a paedophile and a racist, leading to significant harm to his reputation. Najem contested the capacity and extent of harm but did not present any substantive defences. Najem failed to attend the hearing, leading to the withdrawal of his solicitors. The court had to determine whether the imputations made in the videos were defamatory, and if so, the extent of the harm caused and the appropriate remedies.

The court examined the content of the videos and the effect of the imputations on Martin's reputation. It found that the imputations were indeed defamatory and conveyed serious harm to Martin’s reputation. The court also considered the failure of the defendant to attend and the lack of substantive defences, leading to a conclusion that the plaintiff's claims were substantiated. The court awarded damages including aggravated damages, interest, and granted a permanent injunction against the defendant from making further defamatory statements about the plaintiff.

In its judgment, the court ordered that the defendant pay the plaintiff $300,000 in damages, including aggravated damages, plus interest of $6,656. Additionally, the court issued a permanent injunction preventing the defendant from making any further defamatory statements about the plaintiff. The defendant was also ordered to pay the plaintiff’s costs, with the possibility for the plaintiff to apply for indemnity costs or a gross sum costs order under the Civil Procedure Act 2005 (NSW). The exhibits in the case were retained until further order.

Orders

Orders of the court

Order:

(1) Judgment for the plaintiff for the sum of $300,000, including aggravated damages, plus interest of $6,656.

(2) Defendant pay plaintiff’s costs, with liberty to apply for indemnity costs and/or a gross sum costs order pursuant to s 98 of the Civil Procedure Act 2005 (NSW).

(3) The Defendant by himself or by his servants or agents, be permanently restrained from publishing, or causing to be published, any matter that conveys any one or more of the following imputations, or imputations not differing in substance, of and concerning the Plaintiff:

(a) he is a paedophile;

(b) he is a racist; and

(c) he is the most hated person in the social media marketing industry.

(4) Exhibits retained until further order.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.