Matthews v Pigram

Case [2020] NSWDC 526


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Matthews v Pigram [2020] NSWDC 526
Hearing dates: 13 August 2020
Date of orders: 10 September 2020
Decision date: 10 September 2020
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

(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.

Catchwords:

TORT – defamation – assessment of damages

Legislation Cited:

Uniform Civil Procedure Rules r 29.7

Defamation Act 2005 (NSW) ss 34 35 and 40

Civil Procedure Act 2005 (NSW) s 98(4)(c)

Cases Cited:

Aldridge v Johnston [2020] SASCFC 31

Alesco Corporation Limited ACN 008 666 064 v Te Maari [2015] NSWSC 469

Altarama Ltd v Forsyth & Ors [1981] 1 NSWLR 188

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

Balzola v Passas [2020] NSWSC 896

Bauer Media Pty Ltd v Wilson (No 2) (2018) 56 VR 674; [2018] VSCA 154

Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863

Brose v Baluskas & Ors [2020] QDC 15

Carson v John Fairfax & Sons Ltd [1993] HCA 31

Cerutti & Anor v Crestside Pty Ltd & Anor [2014] QCA 33; [2016] 1 Qd R 89

Clark v Ainsworth (1996) 40 NSWLR 463

Cosco v Hutley (No.2) [2020] NSWSC 893

Crampton v Nugawela [1996] NSWSC 128; (1996) 41 NSWLR 176

Darwin v Norman [2020] NSWSC 357

Gagner Pty Ltd trading as Indochine Cafe v Canturi Corporation Pty Ltd [2009] NSWCA 413; 262 ALR 691; 77 ATR 157; 236 FLR 401

Goldberg v Voigt [2020] NSWDC 174

Hancock v Rinehart (Lump sum costs) [2015] NSWSC 1640

Hayson v The Age Company Pty Ltd [2020] FCA 361

Jensen v Nationwide News Pty Ltd [No 13] [2019] WASC 451

KSMC Holdings t/as Hubba Bubba Childcare on Haig v Bowden [2020] NSWCA 28

Mark French v Triple M Melbourne Pty Ltd [2005] VSC 36

Mohareb v Booth [2020] NSWCA 49

Murray v Raynor [2019] NSWCA 274

Nationwide News Pty Limited v Rush [2020] FCAFC 115

Nickolopoulos & Ors v Greek Herald Pty Ltd [2002] NSWSC 808

Oskouie v Maddox [2019] NSWSC 428

Penson v Titan National Pty Ltd (no 3) [2015] NSWCA 121

Poniatowska v Channel Seven Sydney Pty Ltd (No. 2) [2020] SASCFC 5

Rogers v Nationwide News Pty Ltd [2003] HCA 52; (2003) 216 CLR 327

Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365

Smith v Jones [2020] NSWDC 262

The Herald And Weekly Times Ltd v McGregor [1928] HCA 36; [1929] VLR 215; (1928) 41 CLR…

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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.

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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