Tavakoli v Imisides (No 4)

In the case of Tavakoli v Imisides, the plaintiff, a plastic surgeon, brought proceedings against the defendant, who had made defamatory statements about the plaintiff on various platforms, including social media. The plaintiff sought damages for defamation, including aggravated damages for continuing malicious vilification, and an injunction to prevent the defendant from repeating the defamatory statements. The case was heard in the Supreme Court of Victoria, where the plaintiff was ultimately successful.

The court was required to decide several legal issues, including whether the defendant's statements were defamatory, whether the plaintiff had suffered damages as a result of the defamation, and whether the plaintiff was entitled to aggravated damages and injunctive relief. The court also had to determine whether the plaintiff was entitled to indemnity costs.

In its reasoning, the court found that the defendant's statements were indeed defamatory and had caused the plaintiff damage, including reputational harm. The court accepted the plaintiff's evidence that the defendant's statements were made with malice and that the defamation was continuing. The court also found that the plaintiff was entitled to aggravated damages for the malicious vilification, as well as permanent injunctive relief to prevent the defendant from repeating the defamatory statements. In relation to the interest on the damages, the court found that the plaintiff was entitled to interest from the date of the writ until judgment, but not beyond. The court also found that the plaintiff was entitled to indemnity costs.

The court made an order for the defendant to pay the plaintiff damages, including aggravated damages, interest, and costs. The court also made the injunctive relief permanent, preventing the defendant from repeating the defamatory statements. The court's decision provides guidance on the assessment of damages in defamation cases, including the award of aggravated damages and permanent injunctive relief.