Stone v Moore

In *Stone v Moore*, the appellant (plaintiff) appealed a decision of the trial judge concerning defamation claims arising from two publications: a statement made on 7 August and an email sent on 8 August. The dispute centred on whether these publications were defamatory and, if so, whether any defences were available to the respondent (defendant). The appeal was heard by Kourakis CJ, Stanley and Doyle JJ.

The legal issues before the Full Court were whether the 7 August statement was defamatory and, if so, whether it was protected by qualified privilege, and if that privilege was defeated by malice. For the 8 August email, the court had to determine which imputations were conveyed, whether the defence of justification was established for those imputations, and whether the appellant was entitled to aggravated damages.

The Full Court found that the 7 August statement, while defamatory, was made on an occasion of qualified privilege, and this defence was not defeated by malice. Regarding the 8 August email, the court determined that several imputations were conveyed. While the defence of justification succeeded for one imputation, it failed for others. Consequently, the court held the appellant was entitled to damages for the second publication.

The appeal was allowed, and the trial judge's order was set aside. The respondent was ordered to pay the appellant damages in the amount of $2,000, inclusive of interest. The court indicated it would hear the parties on the issue of costs.