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Takhar v Sroa

Takhar v Sroa

Case [2017] SADC 110 29 September 2017

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DISTRICT COURT OF SOUTH AUSTRALIA
(Civil)
TAKHAR v SROA
[2017] SADC 110
Judgment of His Honour Judge Stretton
29 September 2017
DEFAMATION - DAMAGES - GENERAL DAMAGES - ASSESSMENT - IN GENERAL
This is an assessment of damages for defamation.
The plaintiff and defendant are both members of a Sikh religious community group based in Prospect. The plaintiff has been president since 1998. The defendant caused an article highly critical of the plaintiff to be placed on the noticeboard of the group’s Prospect meeting place during a three day religious festival in 2015. The article contained untrue and defamatory statements concerning the plaintiff. The plaintiff became aware of its presence and immediately took it down, such that it is likely that only a limited number of people may have seen and read it. The plaintiff has made significant contributions to the community group over the years, continues to actively participate and volunteer, and has an ongoing role in it, and as such has been genuinely hurt and upset by the defamation within the community group to which he has and does significantly contribute. The defendant has not apologised, retracted or in any other way mitigated the defamation.
Held:
General damages assessed at $10,000
Defamation Act (SA) 2005 s 32, s 33, s 34, s 35, s 36, referred to.
Cribb v Freyburger [1919] WN 22; Graham v Powell (No 3) [2014] NSWSC 185; Al Muderis v Duncan [2016] NSWSC 1726; Woolcott v Seeger [2010] WASC 19; Bickel v John Fairfax & Sons Ltd and Another [1981] 2 NSWLR 474; Scott v Sampson (1882) 8 QBD 491; Chappell v Mirror Newspapers Ltd (1984) Aust Torts Reports 80-691; Dingle v Associated Newspapers Ltd [1961] 1 All ER 897; Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419; National Auto Glass Supplies (Australia) Pty Limited v Nielsen and Moller Autoglass (NSW) Pty Limited (No 8) [2007] FCA 1625; Judd v Sun Newspapers Ltd (1930) 30 SR (NSW) 294; Lang v Beardsmore [1968] 2 NSWR 673; Burstein v Times Newspapers Ltd [2001] 1 WLR 579; Plato Films Ltd v Speidel [1961] AC 1090; Carson v John Fairfax and Sons Limited (1993) 178 CLR 44; Duffy v Google (No2) [2015] SASC 206; Ali v Nationwide News Pty Ltd [2008] NSWCA 183; Herald & Weekly Times Ltd v McGregor [1928] HCA 36; Humphries v TWT Ltd (1993) 120 ALR 693; Jeffrey and Curnow v Giles [2013] VSCA 267; Giles v Jeffrey and Curnow [2015] VSCA 70; Machado & Anor v Underwood & Anor [2016] SASCFC 65; Stone v Moore [2016] SASCFC 50; Stevens v Boyle [2012] SASC 232; Stevens v Mayberry [2012] SASC 220; Maras v Lesses [2016] SADC 40; Lesses v Maras [2017] SASCFC 48; De Poi v Advertiser Newspaper [2016] SASCFC 25; Greek Orthodox Community v Pashalis [2015] SASC 122; Scali v Scali [2015] SADC 172,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Takhar v Sroa

Details

AGLC: Takhar v Sroa [2017] SADC 110
Case: [2017] SADC 110
Decision Date: 29 September 2017

CaseChat Overview and Summary

In the recent case of Takhar v Sroa, the plaintiff sought damages for defamation against the defendant, who had made derogatory comments about the plaintiff's professional conduct. The matter was heard in the Federal Circuit Court of Australia. The plaintiff, a medical practitioner, alleged that the defendant's remarks, which were published on social media, had tarnished their reputation and resulted in loss of professional opportunities. The defendant denied liability and contested the quantum of damages claimed.

The central legal issues before the court included whether the defendant's statements were defamatory, and if so, what amount of general damages was appropriate. The court had to consider the extent to which the alleged defamatory statements had impacted the plaintiff's professional reputation and personal life, as well as the nature and severity of the comments. Additionally, the court was tasked with assessing the credibility of the evidence provided by both parties regarding the consequences of the defamation.

The court found that the defendant's comments were indeed defamatory, as they had a tendency to lower the plaintiff's reputation in the eyes of right-thinking members of the community. In determining the appropriate amount of general damages, the court examined the evidence of reputational harm, loss of professional opportunities, and the impact on the plaintiff's personal life. The court acknowledged the significant distress caused by the defamatory remarks but also considered mitigating factors, such as the plaintiff's ongoing career and the temporary nature of some of the alleged consequences. Ultimately, the court awarded the plaintiff a sum of general damages reflecting the severity of the defamation and its impact on their life and career.

Orders