(2) Pursuant to s 40 of the Defamation Act 2005 (NSW), the defendant is to pay the plaintiff’s costs of the proceedings on an indemnity basis.
(3) Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff’s costs are to be paid in the form of a gross sum costs order.
(4) The plaintiff is to have liberty to bring in Short Minutes of Order reflecting the sum to be awarded after the deductions referred to in the judgment are calculated.
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Matthews v Pigram [2020] NSWDC 526
Case
[2020] NSWDC 526
Decision Date
CaseChat Overview and Summary
The matter of Matthews v Pigram was heard in the District Court of New South Wales. The plaintiff, Matthews, sought damages for defamation allegedly caused by statements made by the defendant, Pigram, on social media. The defamatory statements were made in the context of a community group, leading to a dispute between the two parties. The plaintiff claimed that the defamatory statements resulted in harm to his reputation and caused emotional distress.
The legal issues before the court included the determination of whether the statements made by the defendant were indeed defamatory, the quantification of damages for the alleged defamation, and the assessment of costs under the relevant statutes. The court had to consider the impact of the statements on the plaintiff's reputation, the extent of the publication, and the resultant harm to establish liability and the appropriate quantum of damages.
The court found that the statements made by the defendant were indeed defamatory, as they were published to a limited audience within a community group and were of a nature likely to injure the plaintiff's reputation. In assessing the damages, the court took into account the harm to the plaintiff's reputation, the emotional distress experienced, and the impact on his personal and professional life. The court awarded the plaintiff $20,600 in damages, reflecting the extent of the harm caused. Additionally, the court ordered the defendant to pay the plaintiff’s costs on an indemnity basis, in accordance with the Defamation Act 2005 (NSW), and in a gross sum as per the Civil Procedure Act 2005 (NSW). The plaintiff was granted liberty to apply for a Short Minutes of Order to reflect the final sum after applicable deductions.
Orders
Orders of the court
(1) Judgment for the plaintiff for $20,600.
(2) Pursuant to s 40 of the Defamation Act 2005 (NSW), the defendant is to pay the plaintiff’s costs of the proceedings on an indemnity basis.
(3) Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the plaintiff’s costs are to be paid in the form of a gross sum costs order.
(4) The plaintiff is to have liberty to bring in Short Minutes of Order reflecting the sum to be awarded after the deductions referred to in the judgment are calculated.