| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
S ECI 2020 00640
| IMAM MOHAMMAD TAWHIDI | Plaintiff |
| v | |
| MOUSTAFA AWAD | Defendant |
S ECI 2020 03715
| MOUSTAFA AWAD | Plaintiff |
| v | |
| MOHAMMED TAWHIDI | Defendant |
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JUDGE: | Keogh J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 3–5, 8–10, 12 November 2021 |
DATE OF JUDGMENT: | 4 November 2022 |
CASE MAY BE CITED AS: | Tawhidi v Awad |
MEDIUM NEUTRAL CITATION: | [2022] VSC 669 |
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S ECI 2020 00640 Imam Mohammad Tawhidi v Moustafa Awad
DEFAMATION — Whether pleaded meanings conveyed by online publication — Scope of publication for the purposes of ascertaining the meaning of the matter complained of — Defences — Honest opinion — Whether opinion is based on proper material — Whether material appears or is apparent to reader — Credibility of defendant —Triviality — Republication by defendant — No obligation to republish defamatory publications — Defamation Act 2005 (Vic) ss 4, 31, 33 — Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 — Stocker v Stocker [2020] AC 593 — Channel Seven Adelaide v Manock (2007) 232 CLR 245 — Jones v Amalgamated Television Services Pty Ltd (1991) 23 NSWLR 364 — Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231.
COMMON LAW ASSAULT — Whether words conveyed threat to inflict harmful or offensive contact — Whether subjective intention to create apprehension — Whether immediate or imminent violence apprehended — Reasonableness of apprehension — ACN 087 528 774 Pty Ltd v Chetcuti (2008) 21 VR 559 — Slaveski v State of Victoria [2010] VSC 441.
S ECI 2020 03715 Moustafa Awad v Mohammed Tawhidi
DEFAMATION — Whether pleaded meanings conveyed by online publication — Identification of plaintiff — Defences — Qualified privilege at common law — Reply to attack — Whether publication had sufficient connection to and commensurate with the privileged occasion — Statutory qualified privilege — Whether publication reasonable in circumstances — Relationship between defamatory information and interest of recipient — Malice — Dominant motivation of defendant — Contextual truth — Whether contextual imputations substantially true — Defamation Act 2005 (Vic) ss 26, 30 — Sands v Channel Seven Adelaide Pty Ltd [2010] SASC 202 — Favell v Queensland Newspapers Pty Ltd (2005) 79 ALJR 1716 — Harbour Radio Pty Ltd v Trade (2012) 247 CLR 31 — Penton v Calwell (1945) 70 CLR 219 — Defteros v Google LLC [2021] VSCA 167 — Morosi v Mirror Newspapers Ltd [1977] 2 NSWLR 749 — Hockey v Fairfax Media Publications Pty Ltd (2015) 237 FCR 33.
DAMAGES — Where plaintiff sought general damages for non-economic loss — Where plaintiff sought aggravated damages — Mitigation of damages — Evidence of reputation — Where circumstances of publication and conduct of defendant relied upon as aggravating conduct — Circumstances relating to publication warrant award of aggravated damages.
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Appearances: | Counsel | Solicitors |
| For Imam Mohammad Tawhidi | J Castelan | Corrs Chambers Westgarth |
| For Moustafa Awad | T Greenway with N Andreou | Ghothane Lawyers |
TABLE OF CONTENTS
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- AGLC
- Tawhidi v Awad [2022] VSC 669
- Case
- [2022] VSC 669
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the pleaded meanings conveyed by Awad's online publications were defamatory and whether the words used conveyed a threat of harmful or offensive contact. The court had to ascertain whether Awad's opinion was based on proper material and whether the material appeared or was apparent to the readers. Additionally, the court examined the credibility of Awad and whether the publications were trivial. For the assault claim, the court needed to evaluate if the words used conveyed a threat that created an apprehension of immediate or imminent harmful or offensive contact, and whether such apprehension was reasonable.
In its judgment, the court found that the defamatory meanings pleaded by Tawhidi were indeed conveyed by Awad's online publications. The court determined that Awad's defence of honest opinion was not valid as it was not based on proper material. The court also found that the material was not trivial and did not qualify for the defence of triviality. Regarding the assault claim, the court held that the words used by Awad did not convey a threat that created an apprehension of immediate or imminent harmful or offensive contact. The court dismissed both the defamation and assault claims. The court awarded Tawhidi nominal damages for the defamation claim and dismissed the claim for aggravated damages and any other relief sought.
Orders
Orders of the court
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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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