Sierocki v Klerck (No 2)

Case [2015] QSC 92

SUPREME COURT OF QUEENSLAND

CITATION:

Sierocki & Anor v Klerck & Ors (No 2) [2015] QSC 92

PARTIES:

JARROD SIEROCKI

(first plaintiff)
INSOLVENCY GUARDIAN PTY LTD
ACN 149 298 313
(second plaintiff)

v
PAUL GRANT KLERCK

(first defendant)
INTERACTIVE ENTERTAINMENT AUSTRALIA PTY LTD
ACN 068 003 805
(second defendant)
SK & ASSOCIATES PTY LTD
ACN 155 041 491
(third defendant)
BRENT THOMPSON
(fourth defendant)
INFOLINK IT PTY LTD

ACN 128 081 489
(fifth defendant)
CHRISTINE WAKE
(sixth defendant)

FILE NO:

SC No 638 of 2013

DIVISION:

Trial

PROCEEDING:

Hearing

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

17 April 2015

DELIVERED AT:

Brisbane

HEARING DATES:

30 March 2015; 8 April 2015

JUDGE:

Flanagan J

ORDER:

1.       That the first defendant pay to the first plaintiff damages for defamation in the sum of $80,000.00 plus interest in the amount of $11,627.20;

2.       That the second defendant pay to the first plaintiff damages for defamation in the sum of $20,000.00 plus interest in the amount of $2,906.80;

3.       That the third defendant pay to the first plaintiff damages for defamation in the sum of $20,000.00 plus interest in the amount of $2,906.80;

4.       That the fourth defendant pay to the first plaintiff damages for defamation in the sum of $60,000.00 plus interest in the amount of $8,720.40;

5.       That the fifth defendant pay to the first plaintiff damages for defamation in the sum of $10,000.00 plus interest in the amount of $1,453.40;

6.       That the first defendant pay to the second plaintiff damages for defamation in the sum of $30,000.00 plus interest in the amount of $4,360.20;

7.       That the second defendant pay to the second plaintiff damages for defamation in the sum of $5,000.00 plus interest in the amount of $726.70;

8.       That the third defendant pay to the second plaintiff damages for defamation in the sum of $10,000.00 plus interest in the amount of $1,453.40;

9.       That the fourth defendant pay to the second plaintiff damages for defamation in the sum of $20,000.00 plus interest in the amount of $2,906.80; and

10.     That the fifth defendant pay to the second plaintiff damages for defamation in the sum of $5,000.00 plus interest in the amount of $726.70.

11.     The first defendant is permanently restrained, by himself and/or his servants or agents from publishing or causing to be published:

(a)      any of the ten matters complained of in paragraphs 6, 12, 18, 22, 26, 32, 38, 45, 49 and 58 of the amended statement of claim filed 26 April 2013 in these proceedings or matters substantially to the same effect as those matters complained of, on the internet or otherwise; and

(b)     any of the imputations pleaded in the amended statement of claim filed 26 April 2013 of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations.

12.     The fourth defendant is permanently restrained, by himself and/or his servants or agents from publishing or causing to be published:

(a)      any of the…

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AGLC
Sierocki v Klerck (No 2) [2015] QSC 92
Case
[2015] QSC 92
Decision Date

CaseChat Overview and Summary

In Sierocki v Klerck (No 2), the plaintiffs sought damages and injunctive relief in the District Court of Queensland against the defendants, who had published defamatory material about the first plaintiff online and via email. The defamatory publications included allegations of fraud, criminal conduct, adultery, drug use, and dishonesty. The second plaintiff, a company, was also defamed in connection with its services. The court was required to determine the appropriate assessment of damages for defamation against each defendant and whether permanent injunctions were necessary to prevent further publication of defamatory material.

The court found that the defamatory publications had caused the first plaintiff significant harm, including humiliation, loss of business, and damage to his reputation. The court assessed damages for the first plaintiff at $80,000, $20,000, $20,000, $60,000, and $10,000 against the first to fifth defendants respectively. For the second plaintiff, the court awarded $30,000, $5,000, $10,000, $20,000, and $5,000 against the same defendants. The court also granted permanent injunctions against the first and fourth defendants, prohibiting them from publishing any further defamatory material about the first plaintiff. The court found that the first and fourth defendants had shown a willingness to continue publishing defamatory material and that injunctive relief was necessary to prevent further harm to the plaintiffs.

In conclusion, the court awarded significant damages to both plaintiffs and granted permanent injunctions against the first and fourth defendants to prevent further publication of defamatory material. The orders reflect the court's determination that the defamatory publications caused substantial harm to the plaintiffs and that injunctive relief was necessary to protect the plaintiffs from ongoing defamation.

Orders

Orders of the court

1. That the first defendant pay to the first plaintiff damages for defamation in the sum of $80,000.00 plus interest in the amount of $11,627.20;

2. That the second defendant pay to the first plaintiff damages for defamation in the sum of $20,000.00 plus interest in the amount of $2,906.80;

3. That the third defendant pay to the first plaintiff damages for defamation in the sum of $20,000.00 plus interest in the amount of $2,906.80;

4. That the fourth defendant pay to the first plaintiff damages for defamation in the sum of $60,000.00 plus interest in the amount of $8,720.40;

5. That the fifth defendant pay to the first plaintiff damages for defamation in the sum of $10,000.00 plus interest in the amount of $1,453.40;

6. That the first defendant pay to the second plaintiff damages for defamation in the sum of $30,000.00 plus interest in the amount of $4,360.20;

7. That the second defendant pay to the second plaintiff damages for defamation in the sum of $5,000.00 plus interest in the amount of $726.70;

8. That the third defendant pay to the second plaintiff damages for defamation in the sum of $10,000.00 plus interest in the amount of $1,453.40;

9. That the fourth defendant pay to the second plaintiff damages for defamation in the sum of $20,000.00 plus interest in the amount of $2,906.80; and

10. That the fifth defendant pay to the second plaintiff damages for defamation in the sum of $5,000.00 plus interest in the amount of $726.70.

11. The first defendant is permanently restrained, by himself and/or his servants or agents from publishing or causing to be published:

(a) any of the ten matters complained of in paragraphs 6, 12, 18, 22, 26, 32, 38, 45, 49 and 58 of the amended statement of claim filed 26 April 2013 in these proceedings or matters substantially to the same effect as those matters complained of, on the internet or otherwise; and

(b) any of the imputations pleaded in the amended statement of claim filed 26 April 2013 of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations.

12. The fourth defendant is permanently restrained, by himself and/or his servants or agents from publishing or causing to be published:

(a) any of the two matters complained of in paragraphs 38 and 58 of the amended statement of claim filed 26 April 2013 in these proceedings or matters substantially to the same effect as those matters complained of, on the internet or otherwise; and

(b) any of the imputations pleaded in paragraphs 39 and 59 of the amended statement of claim filed 26 April 2013 in these proceedings of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

I am satisfied that the first and fourth defendants may be likely to publish similar allegations against the first plaintiff unless restrained. Accordingly, I will order that:1.The first defendant is permanently restrained, by himself and/or his servants or agents from publishing or causing to be published:(a) any of the ten matters complained of in paragraphs 6, 12, 18, 22, 26, 32, 38, 45, 49 and 58 of the amended statement of claim filed 26 April 2013 in these proceedings or matters substantially to the same effect as those matters complained of, on the internet or otherwise; and(b) any of the imputations pleaded in the amended statement of claim filed 26 April 2013 of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations.2.The fourth defendant is permanently restrained, by himself and/or his servants or agents from publishing or causing to be published:(a) any of the two matters complained of in paragraphs 38 and 58 of the amended statement of claim filed 26 April 2013 in these proceedings or matters substantially to the same effect as those matters complained of, on the internet or otherwise; and(b) any of the imputations pleaded in paragraphs 39 and 59 of the amended statement of claim filed 26 April 2013 in these proceedings of and concerning the first plaintiff, or any imputation that does not differ in substance to any of those imputations.Conclusion As well as the orders in relation to injunctive relief I will make the following orders:1.That the first defendant pay to the first plaintiff damages for defamation in the sum of $80,000.00 plus interest in the amount of $11,627.20;2.That the second defendant pay to the first plaintiff damages for defamation in the sum of $20,000.00 plus interest in the amount of $2,906.80;3.That the third defendant pay to the first plaintiff damages for defamation in the sum of $20,000.00 plus interest in the amount of $2,906.80;4.That the fourth defendant pay to the first plaintiff damages for defamation in the sum of $60,000.00 plus interest in the amount of $8,720.40;5.That the fifth defendant pay to the first plaintiff damages for defamation in the sum of $10,000.00 plus interest in the amount of $1,453.40;6.That the first defendant pay to the second plaintiff damages for defamation in the sum of $30,000.00 plus interest in the amount of $4,360.20;7.That the second defendant pay to the second plaintiff damages for defamation in the sum of $5,000.00 plus interest in the amount of $726.70;8.That the third defendant pay to the second plaintiff damages for defamation in the sum of $10,000.00 plus interest in the amount of $1,453.40;9.That the fourth defendant pay to the second plaintiff damages for defamation in the sum of $20,000.00 plus interest in the amount of $2,906.80; and10.That the fifth defendant pay to the second plaintiff damages for defamation in the sum of $5,000.00 plus interest in the amount of $726.70.

Ratio Decidendi

Legal Principle Established

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