O'Reilly v Edgar

O'Reilly brought proceedings against Edgar in the District Court of Queensland, alleging defamation based on ten Facebook posts published by Edgar. O'Reilly claimed these posts contained 25 defamatory imputations concerning his personal respectability and professional capacity and integrity as CEO of Karting Australia. The court had to determine if the posts contained defamatory imputations, if any of the defences pleaded by Edgar were available, and whether O'Reilly was entitled to damages and injunctions.

The court found that nine of the posts contained imputations that were defamatory of O'Reilly, namely that he had engaged in corrupt conduct, lacked probity, was unfit to hold his position as CEO, and had engaged in dishonourable conduct. The court rejected Edgar's defence of justification, finding that the posts were not substantially true. The court also found that the harm, loss or damage suffered by O'Reilly was not inconsequential or trivial, and thus section 33 of the Defamation Act 2005 (Qld) did not apply.

The court awarded O'Reilly damages of $250,000, finding that the defendant's conduct, including in the proceeding, warranted an award of aggravated damages. The court ordered Edgar to remove the defamatory posts from the internet and permanently restrained him from publishing the impugned content again. The court also ordered Edgar to pay O'Reilly's costs of the proceeding.