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 |
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:
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.
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.
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.
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
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- [2016] ACTSC 344
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CaseChat Overview and Summary
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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