Reid v Dukic

Case [2016] ACTSC 344

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Reid v Dukic

Citation:

[2016] ACTSC 344

Hearing Date:

14 October 2016

DecisionDate:

25 November 2016

Before:

Burns J

Decision:

See [69]-[71]

Catchwords:

DEFAMATION – Assessment of Damages – default judgment entered against defendant – defamatory statements published on social media – statements baseless – directed towards plaintiff in professional capacity – compensatory damages awarded – aggravated damages awarded – injunctive relief granted.

Legislation Cited:

Civil Law (Wrongs) Act 2002 (ACT) ss 139E, 139F

Civil Law (Wrongs) Non-economic Loss Declaration 2016

Cases Cited:

Ali v Nationwide News Pty Ltd [2008] NSWCA 183

Anderson v Mirror Newspapers (No 2) (1986) 5 NSWLR 735
Bickel v John Fairfax & Sons Ltd [1981] 2 NSWLR 47
Carson v John Fairfax & Sons Ltd [1993] HCA 31; 178 CLR 44
Cairns v Modi [2012] EWHC 756 (QB)
Cripps v Vakras [2014] VSC 279
Fielding v Variety Inc [1967] 2 QB 841
French v Fraser (No 3) [2015] NSWSC 1807
Grobbelaar v News Group Newspaper Ltd [2002] UKHC 40; [2002] 1 WLR 3024
Hockey v Fairfax Media Publications Pty Ltd & Ors (No 2) [2015] FCA 750; (2015) 237 FCR 127
Mickle v Farley [2013] NSWDC 295
Triggell v Pheeney (1951) 82 CLR 497

Zwambila v Wafawarova [2015] ACTSC 171

Parties:

Heather Reid (AM) (Plaintiff)

Stan Dukic (Defendant)

Representation:

Counsel

Mr M J Lewis (Plaintiff)

No Appearance (Defendant)

Solicitors

Mills Oakley (Plaintiff)

No Appearance (Defendant)

File Number:

SC 8 of 2016

BURNS J:

  1. The present proceedings commenced by way of Originating Claim and Statement of Claim filed on 12 January 2016. The claim is one for compensatory and aggravated damages in defamation following nine defamatory posts on the defendant’s Facebook page. The plaintiff also seeks that the defendant be permanently restrained from publishing the nine defamatory posts and the imputations and false allegations that arise from those posts or any matter to the same effect.

  1. At the time of the defamatory statements the plaintiff was the Chief Executive Officer at Capital Football Pty Ltd (Capital Football) and had held that position for approximately 12 years. She had a long history of involvement in football and had been the recipient of a number of awards. In 2015 she was appointed a Member of the Order of Australia for her significant service to sports administration and gender equity in sport, particularly to football in Canberra.

  1. On 12 May 2016, judgment in default was entered in favour of the plaintiff following the defendant’s failure to file a Notice of Intention to Respond or Defence. As a result, the defendant is taken to have admitted the allegations in the plaintiff’s claim: Stewart v Coughlan (1885) 11 VLR 279.

  1. On 19 April 2016, the defendant was notified by court registry staff via email that the plaintiff’s application for default judgment would be heard on 6 May 2016. The defendant acknowledged that email on the same date and effectively indicated that he did not wish to take part in…

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Reid v Dukic [2016] ACTSC 344
Case
[2016] ACTSC 344
Decision Date

CaseChat Overview and Summary

The case of Reid v Dukic involved a defamation claim brought by the plaintiff against the defendant. The dispute arose from defamatory statements published by the defendant on social media, which were directed towards the plaintiff in her professional capacity. The matter was heard in the Federal Circuit Court of Australia, where the plaintiff sought compensatory damages, aggravated damages, and an injunction to prevent further publication of the defamatory material. The court was tasked with assessing the extent of the damage caused by the defamatory statements and determining the appropriate quantum of damages to award.

The primary legal issues before the court were whether the statements published by the defendant were indeed defamatory, whether the plaintiff had suffered damage as a result of the publication, and if so, the appropriate amount of compensatory and aggravated damages to award. Additionally, the court had to consider whether an injunction should be granted to prevent the defendant from publishing further defamatory statements. The court examined the content of the statements, the manner in which they were published, and the impact they had on the plaintiff's professional reputation.

The court found that the defamatory statements made by the defendant were baseless and had a significant impact on the plaintiff's professional reputation. It was determined that the statements were published with the intention of causing harm and had indeed caused the plaintiff distress and embarrassment. The court awarded compensatory damages to the plaintiff for the harm caused and also granted an order for aggravated damages to reflect the manner in which the defamation occurred. Furthermore, an injunction was granted to prevent the defendant from publishing any further defamatory material about the plaintiff. The court's decision emphasised the importance of protecting professional reputations and the serious consequences of making defamatory statements on social media.

Orders

Orders of the court

See [69]-[71]

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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