Newman v Whittington

Case [2025] NSWSC 275


Supreme Court


New South Wales

Medium Neutral Citation: Newman v Whittington [2025] NSWSC 275
Hearing dates: 14 February, 5 and 26 March 2025
Date of orders: 26 March 2025
Decision date: 26 March 2025
Jurisdiction:Common Law
Before: Chen J
Decision:

See [215]

Catchwords:

DEFAMATION – damages – assessment of damages – where serious imputations made against family dispute resolution practitioner including matters concerning paedophilia and fraudulent behaviour – grapevine effect – aggravated damages awarded

DEFAMATION – remedies – injunctions – where twelve individual publications published on defendant’s blog and social media – whether mandatory and permanent injunctive relief appropriate – mandatory and permanent injunctions granted

COSTS – party/party – application made by party entitled to costs under judgment for gross sum costs order – where counsel appointed for plaintiff under pro-bono scheme – where costs orders made by Court of Appeal in interlocutory appeal proceedings – whether jurisdiction to make gross sum costs order inclusive of costs of interlocutory appeal – gross sum costs order made

Legislation Cited:

Civil Procedure Act 2005 (NSW)

Defamation Act 2005 (NSW)

Defamation Amendment Act 2020 (NSW)

Evidence Act 1995 (NSW)

New South Wales Government Gazette, No 245, 28 June 2024

Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:

Ahern v Aon Risk Services Australia Ltd (No 2) [2022] NSWCA 39

Al Muderis v Duncan [2016] NSWSC 1726

Ali v Nationwide News Pty Ltd [2008] NSWCA 183

Andrews v John Fairfax & Sons Ltd (1980) 2 NSWLR 225

Beach Petroleum NL v Johnson(No 2) (1995) 57 FCR 119; [1995] FCA 350

Beau Timothy John Hartnett trading as Hartnett Lawyers v Anthony Robert Bell as Executor of the Estate of the late Mabel Dawn Deakin-Bell (No 2) (2023) 113 NSWLR 381; [2023] NSWCA 311

Belbin v Lower Murray Urban and Rural Water Corporation [2012] VSC 535

Bristow v Adams [2012] NSWCA 166

Carolan v Fairfax Media Publications Pty Ltd (No 7) [2017] NSWSC 351

Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44; [1993] HCA 31

Cassell & Co Ltd v Broome [1972] AC 1027

Commonwealth Bank of Australia v Goater [2016] NSWSC 216

Coyne v Citizen Finance Ltd (1991) 172 CLR 211; [1991] HCA 10

Crampton v Nugawela (1996) 41 NSWLR 176

Doe v Dowling [2019] NSWSC 1222

Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575; [2002] HCA 56

Eppinga v Kalil [2023] NSWCA 287

Greenwich v Latham [2024] FCA 1050

Harrison v Schipp (2002) 54 NSWLR 738; [2002] NSWCA 213

Herald & Weekly Times Ltd v McGregor (1928) 41 CLR 254; [1928] HCA 36

Herald & Weekly Times Ltd v Popovic (2003) 9 VR 1; [2003] VSCA 161

Hockey v Fairfax Media Publications Pty Ltd (No 2) (2015) 237 FCR 33; [2015] FCA 652

Hoser v Pelley [No 3] [2023] VSCA 257

Kegran Pty Ltd v Warrik Pty Ltd [2018] NSWSC 1357; (2018) 19 BPR 38665

Korean Times Pty Ltd v Pak [2011] NSWCA 365

KSMC…

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AGLC
Newman v Whittington [2025] NSWSC 275
Case
[2025] NSWSC 275
Decision Date

CaseChat Overview and Summary

The case of Newman v Whittington involved a dispute concerning defamatory statements made by the defendant against the plaintiff, who was a family dispute resolution practitioner. The defamatory statements were published on the defendant’s blog and social media platforms and included serious allegations of paedophilia and fraudulent behaviour. The plaintiff sought damages for the defamation, along with injunctive relief to prevent further publication of the defamatory material.

The court had to determine the appropriate amount of damages for the serious defamation and whether the plaintiff was entitled to aggravated damages due to the nature of the imputations. Additionally, the court needed to decide if the plaintiff was entitled to a mandatory and permanent injunction to prevent further publication of the defamatory material. The court also had to consider whether it had the jurisdiction to make a gross sum costs order that included the costs of the interlocutory appeal proceedings.

In assessing the damages, the court found that the defamatory imputations were serious and had a significant impact on the plaintiff’s reputation, warranting an award of aggravated damages. The court determined that a mandatory and permanent injunction was appropriate to prevent further harm to the plaintiff’s reputation. The court concluded that it had the jurisdiction to make a gross sum costs order that included the costs of the interlocutory appeal, as the plaintiff had been successful in the current proceedings and the interlocutory appeal. The court granted the plaintiff a gross sum costs order, inclusive of the costs of the interlocutory appeal.

Orders

Orders of the court

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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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