Scott v Bodley (No 2)

Case [2022] NSWDC 651


District Court


New South Wales

Medium Neutral Citation: Scott v Bodley (No 2) [2022] NSWDC 651
Hearing dates: 19 December 2022
Date of orders: 22 December 2022
Decision date: 22 December 2022
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

(1) Pursuant to the Uniform Civil Procedure Rules 2005 (NSW) r 28.2, the plaintiff has failed to establish serious harm to reputation as required under s 10A of the Defamation Act 2005 (NSW) and the proceedings are dismissed.

(2) The plaintiff is to pay the defendant’s costs of the proceedings, with liberty to apply.

Catchwords:

TORT - defamation - one-star review posted on plaintiff’s Google and Facebook business pages for a period of 14 days - whether plaintiff has established “serious harm” conformably with s 10A of the Defamation Act 2005 (NSW)

Legislation Cited:

Defamation Act 2005 (NSW), s 10A

Evidence Act 1995 (NSW), s 144

Uniform Civil Procedure Rules 2005 (NSW), r 28.2

Cases Cited:

Alexander-Theodotu v Kounis [2019] EWHC 956 (QB)

Banks v Cadwalladr [2022] EWHC 1417 (QB)

De Kauwe v Cohen (No 4) [2022] WASC 35

Defteros v Google Inc [2020] VSC 324

Dhir v Saddler [2018] 4 WLR 1

El-Mouelhy v Q-Society of Australia Inc (No 2) [2015] NSWSC 990

Gatto v Australian Broadcasting Corporation [2022] HCATrans 197

George v Cannell [2021] EWHC 2988 (QB)

High Quality Jewellers Pty Ltd & Ors v Ramaihi(Ruling) [2022] VCC 2240

High Quality Jewellers Pty Ltd (ACN 119428394) & Ors v Ramaihi(Ruling) [2022] VCC 1924

Massarani v Kriz [2022] FCA 80

Massoud v Nationwide News Pty Ltd; Massoud v Fox Sports Australia Pty Ltd [2022] NSWCA 150

Newman v Whittington [2022] NSWSC 259

Rader v Haines [2022] NSWCA 198

Ryan v Random House Australia Pty Ltd [2015] NSWDC 31

Scott v Bodley [2022] NSWDC 459

Settlers Estate Pty Ltd v Penrith City Council [2021] NSWCA 13

Sims v Jooste (No 2) [2016] WASCA 83

Srecko and David Lorbek v Peter King [2022] VSC 218

Stead v Fairfax Media Publications Pty Ltd [2021] FCA 15

Stocker v Stocker [2019] UKSC 17

Trkulja v Google LLC [2018] HCA 25; (2018) 92 ALJR 619

Zimmerman v Perkiss [2022] NSWDC 448

Texts Cited:

M Whitbourn,“Push for overhaul of national defamation laws to weed out ‘trivial’ claims”, Sydney Morning Herald, 20 November 2019

Category:Procedural rulings
Parties: Dale Scott (plaintiff)
Bettina Bodley (defendant)
Representation:

Counsel:
Mr N Olson (plaintiff)
Mr T Senior (defendant)

Solicitors:
Rose Litigation Lawyers (plaintiff)
Somerville Laundry Lomax Solicitors (defendant)
File Number(s): 2022/00202160
Publication restriction: Nil

Judgment

The application before the court and the parties

  1. These are proceedings for defamation arising out of the publication by the defendant of a review on both the plaintiff’s Google listing and his Facebook page for his business, Pottsville Painting Services.

  2. The defendant and her husband contacted the plaintiff for a quotation for external and internal painting of their house in July 2021. The quote was accepted and the work commenced in February 2022. The defendant and her husband were unhappy with the plaintiff’s…

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Details
AGLC
Scott v Bodley (No 2) [2022] NSWDC 651
Case
[2022] NSWDC 651
Decision Date

CaseChat Overview and Summary

The case of Scott v Bodley (No 2) involved a dispute concerning a defamatory one-star review posted on the plaintiff's Google and Facebook business pages by the defendant for a period of 14 days. The plaintiff sought to establish that the review had caused serious harm to their reputation in accordance with section 10A of the Defamation Act 2005 (NSW). The case was heard and determined in the Supreme Court of New South Wales.

The court was required to decide whether the plaintiff had met the threshold of establishing "serious harm" as mandated by section 10A of the Defamation Act 2005 (NSW). This required an assessment of the extent of the harm to the plaintiff's reputation and whether it met the statutory threshold. The court also had to consider the impact of the duration of the posting of the review and the nature of the harm caused.

In reaching its decision, the court examined the evidence provided by the plaintiff regarding the impact of the review on their business. The court found that the evidence did not sufficiently demonstrate that the plaintiff had suffered serious harm to their reputation. The court noted that while the review was defamatory, the evidence did not convincingly show that the harm caused was of a serious nature. Consequently, the court concluded that the plaintiff had not met the burden of proving serious harm as required by section 10A of the Defamation Act 2005 (NSW).

Accordingly, the court dismissed the plaintiff's proceedings. Additionally, pursuant to rule 28.2 of the Uniform Civil Procedure Rules 2005 (NSW), the plaintiff was ordered to pay the defendant's costs of the proceedings, with liberty to apply.

Orders

Orders of the court

(1) Pursuant to the Uniform Civil Procedure Rules 2005 (NSW) r 28.2, the plaintiff has failed to establish serious harm to reputation as required under s 10A of the Defamation Act 2005 (NSW) and the proceedings are dismissed.

(2) The plaintiff is to pay the defendant’s costs of the proceedings, with liberty to apply.

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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