Reynolds v Higgins

Case [2025] WASC 345


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   REYNOLDS -v- HIGGINS [2025] WASC 345

CORAM:   TOTTLE J

HEARD:   2 AUGUST - 4 SEPTEMBER 2024 (FINAL SUBMISSIONS 14 JULY 2025)

DELIVERED          :   27 AUGUST 2025

FILE NO/S:   CIV 1840 of 2023

BETWEEN:   LINDA KAREN REYNOLDS

Plaintiff

AND

BRITTANY MAE HIGGINS

Defendant


Catchwords:

Defamation - Meaning - Publication of social media posts - Whether meanings conveyed by natural and ordinary meaning of words of publications - Whether meanings conveyed by way of true innuendo - Whether meanings defamatory

Defamation - Publication - Whether defendant participated in publication of tweet - Whether defendant a publisher of tweet for the purposes of the law of defamation

Defamation - Defences - Justification - Pleading by defendant of alternative meaning - Observations on the limits of Polly Peck defence - Where justification defences not established

Defamation - Defences - Statutory qualified privilege - Lange qualified privilege - Malice - Whether publications actuated by improper motive or purpose - Whether privileged occasions exceeded

Defamation - Defences - Honest Opinion - Fair Comment - Whether statements opinion or comment

Defamation - Defences - Limitation - Where action commenced after expiry of limitation period - Whether limitation period should be extended - Limitation Act 2005 (WA) - Limitation period extended

Defamation - Damages - Causation - Mitigation - Whether damage to reputation sustained before publication of defamatory statements - Plaintiff a political figure - Whether damage mitigated by damages recovered in respect of other publications

Defamation - Damages - Aggravated damages - Consideration of the concept of the circumstances of publication - Whether plaintiff's harm aggravated by knowledge that defendant had formulated strategy that involved causing plaintiff damage

Conspiracy - Lawful means conspiracy - Existence of an understanding between conspirators - Whether sole or predominant purpose of conspirators was to injure the plaintiff - Sole or predominant purpose not established

Contract - Term obliging parties not to make adverse critical or disparaging statements - Whether statement published in breach of term - Breach established - Declaratory relief ordered - Injunctive relief refused

Legislation:

Defamation Act 2005 (WA)
Evidence Act 1906 (WA)
Limitation Act 2005 (WA)
Members of Parliament (Staff) Act 1984 (Cth)
Parliamentary Privileges Act 1987 (Cth)

Result:

Judgment for the plaintiff

Category:    B

Representation:

Counsel:

Plaintiff : Mr M L Bennett
Defendant : Ms R Young SC & Ms K Pedersen

Solicitors:

Plaintiff : Bennett
Defendant : Ms Carmel Galati

Cases referred to in decision:

AC v The Queen [2014] VSCA 71

Aktas v Westpac Banking Corporation Ltd [2009] NSWCA 9

Associated Newspapers Ltd v Dingle [1964] AC 371

Ballard v Multiplex [2012] NSWSC 426

Barbaro v Amalgamated Television Services Pty Ltd (1985) 1 NSWLR 30

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

Brett May v TCN Channel Nine Pty Ltd [2007] NSWSC 760

Carolan v Fairfax Media Publications Pty Ltd (No 6) [2016] NSWSC 1091

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

Continue reading Reynolds v Higgins

Sign in free to access the full text

Details
AGLC
Reynolds v Higgins [2025] WASC 345
Case
[2025] WASC 345
Decision Date

CaseChat Overview and Summary

The plaintiff, Reynolds, initiated legal proceedings against Higgins, asserting claims of defamation, conspiracy, and breach of contract. The central dispute involved various social media posts, which Reynolds argued were defamatory. The case was heard in the Supreme Court of Western Australia. The court had to determine several legal issues, including the meanings conveyed by the social media posts, whether the defendant participated in the publication of the defamatory content, and if the defendant could rely on any available defences. Additionally, the court considered whether the plaintiff's claims were time-barred, and if so, whether the limitation period should be extended.

The court examined the meanings conveyed by the natural and ordinary meaning of the words used in the publications, as well as by way of true innuendo. It was determined that the posts did convey meanings that could be considered defamatory. The court also found that the defendant had participated in the publication of the defamatory tweet, making them a publisher for the purposes of the law of defamation. The court considered various defences, including justification, qualified privilege, and honest opinion. However, none of these defences were successful as the justification defences were not established, the privilege was not applicable, and the statements did not qualify as honest opinion or fair comment.

The court held that the defendant's claims of justification, qualified privilege, and honest opinion were unsuccessful. The limitation period for the defamation claim had expired, but the court extended the limitation period under the Limitation Act 2005 (WA). The court found that the plaintiff had suffered damage to their reputation before the publication of the defamatory statements. The court awarded damages to the plaintiff, taking into account causation and mitigation. The court also considered whether the plaintiff's harm was aggravated by the knowledge that the defendant had formulated a strategy that involved causing the plaintiff damage, but ultimately found that the concept of aggravated damages did not apply in this case. Lastly, the court found that there was no evidence of a conspiracy between the defendants, and that the plaintiff's claim for breach of contract was successful, ordering declaratory relief but refusing injunctive relief.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.