CITATION: RJ v JC [2008] NSWDC 217
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 7-9 October 2008
JUDGMENT DATE:
21 October 2008JURISDICTION: Civil JUDGMENT OF: Gibson DCJ DECISION: Orders made on 21 October 2008:
(1) Judgment for the plaintiff for the sum of $30,000.
(2) Defendant pay plaintiff’s costs.
(3) The parties have liberty to bring in Short Minutes of Order in relation to interest on damages.
(4) Liberty to restore in relation to interest and costs.
(5) Exhibits retained for 28 days.
(6) Matter stood over for argument re costs and interest on Thursday 23 October 2008 at 9:00am.
Further Orders made on 23 October 2008:
(1) Vary orders 1 and 4 to provide for judgment for the sum of $30,000 plus interest at the rate of 3% per annum from the date of publication ($1,108) being a total of $31,108.
(2) Until further order, an order that the names of the parties and any identifying factors not be published and that any publication in this court use a pseudonym RJ for the plaintiff and JC for the defendant, and that the proceedings hereafter be known as RJ v JC.
(3) The defendant pay the plaintiff’s costs, such costs to be paid on an indemnity basis from 22 April 2008.CATCHWORDS: DEFAMATION - defendant calls plaintiff a "paedophile" - whether vulgar abuse - damages - limited publication - whether aggravated compensatory damages should be awarded LEGISLATION CITED: Defamation Act 1958 (NSW)
Defamation Act 1974 (NSW), s 46A
Defamation Act 2005 (NSW), s 34CASES CITED: Bennette v Cohen (2005) 64 NSWLR 81
Broome v Cassell & Co Ltd [1972] AC 1027
Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44
Crampton v Nugawela (1996) 41 NSWLR 176
Davis v Nationwide News Pty Ltd [2008] NSWSC 693
Echo Publications Pty Ltd v Tucker and Anor; Fast Buck$ v Tucker and Anor [2007] NSWCA 73
Greek Herald Pty Ltd v Nikolopoulos [2002] NSWCA 41
Hodge v TCN Channel Nine Pty Ltd [2006] NSWSC 933
John Fairfax Publications Pty Ltd v Hitchcock [2007] NSWCA 364
John Fairfax Publications Pty Ltd v O'Shane (No 2) [2005] NSWCA 291
Malpass v Murphy (Gibson DCJ, District Court of NSW, 2 November 2001, unreported)
Martin v Bruce [2007] NSWDC 264
McDowell v Trantum (District Court of NSW, Gibson DCJ, 7 September 2004, unreported)
McGuiness v JT Publishing Australia Pty Ltd [1999] NSWSC 471
Mitchel v Faber & Faber Limited [1998] EMLR 807
Moit v Bristow [2005] NSWCA 322
Mundey v Askin [1982] 2 NSWLR 369
Patton v Moffat (Supreme Court of New South Wales, Kirby J, 25 November 1999, unreported)
Ralston v Fomich (1992) 66 BCLR (2d) 166 at 169 (SC)
Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327
Tory v Megna [2007] NSWCA 13
Trantum v McDowell [2007] NSWCA 138
Uren v Australian Consolidated Press Ltd [1969] 1 NSWR 745
Uren v John Fairfax & Sons Ltd
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- AGLC
- RJ v JC [2008] NSWDC 217
- Case
- [2008] NSWDC 217
- Decision Date
CaseChat Overview and Summary
In its judgment, the court held that the term "paedophile" used by JC was indeed vulgar and offensive, constituting vulgar abuse. The court found that the nature of the defamation and the impact on RJ warranted an award of aggravated compensatory damages. The court awarded RJ $30,000 in damages, with further orders for interest at a rate of 3% per annum from the date of publication. The court also ordered that the names of the parties and any identifying factors were not to be published, and that any publication in the court would use a pseudonym for each party. Additionally, the court granted the plaintiff's request for an order preventing the publication of their names and any identifying information, and directed that the proceedings be referred to as RJ v JC. The court further ordered that the defendant pay the plaintiff's costs on an indemnity basis.
Following the initial judgment, the court made further orders to adjust the quantum of damages to include interest, bringing the total award to $31,108. The matter was stood over for further argument on the issue of costs and interest, to be heard on 23 October 2008. The court retained the exhibits for 28 days and granted the parties liberty to bring in Short Minutes of Order in relation to interest on damages and to restore in relation to interest and costs.
Orders
Orders of the court
Orders made on 21 October 2008: (1) Judgment for the plaintiff for the sum of $30,000. (2) Defendant pay plaintiff's costs. (3) The parties have liberty to bring in Short Minutes of Order in relation to interest on damages. (4) Liberty to restore in relation to interest and costs. (5) Exhibits retained for 28 days. (6) Matter stood over for argumemt re costs and interest on Thursday 23 October 2008 at 9:00am. Further Orders made on 23 October 2008: (1) Vary orders 1 and 4 to provide for judgment for the sum of $30,000 plus interest at the rate of 3% per annum from the date of publication ($1,108) being a total of $31,108. (2) Until further order, an order that the names of the parties and any identifying factors not be published and that any publication in this court use a pseudo-name RJ for the plaintiff and JC for the defendant, and that the proceedings hereafter be known as RJ v JC. (3) The defendant pay the plaintiff's costs, such costs to be paid on an indemnity basis from 22 April 2008.
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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