Sarina v O'Shannassy (No.5)

The proceeding concerned a defamation claim brought by the applicant, Sarina, against the respondent, O'Shannassy. The dispute arose from an email sent by the respondent, in their capacity as company secretary, to the two directors of a company. The applicant alleged that this email conveyed defamatory imputations concerning her and another shareholder.

The court was required to determine whether the email contained defamatory imputations about the applicant, and if so, whether any of the defences raised by the respondent were made out. Specifically, the court considered the defences of statutory and common law qualified privilege, as well as the defence of triviality under section 33 of the *Defamation Act 2005* (NSW).

His Honour Judge Manousaridis found that the defence of triviality was established. This defence applies where the defendant proves that the imputation carried by the defamatory matter has not caused, and is not likely to cause, the plaintiff the serious harm required to justify the award of damages. Consequently, the court entered judgment for the respondent.