DISTRICT COURT OF QUEENSLAND
CITATION: Wale v Hollins [2023] QDC 116 PARTIES: JASON WALE
(plaintiff)
v
HUMPHREY HOLLINS(defendant)
FILE NO: D 86 of 2022 DIVISION: Civil PROCEEDING: Claim/Application ORIGINATING COURT: Cairns DELIVERED ON: 14 June 2023 DELIVERED AT: Cairns HEARING DATE: 5 June 2023 JUDGE: Morzone KC DCJ ORDER: 1. Judgment for the plaintiff against the defendant for damages for defamation fixed in the amount of $120,000.00, together with interest of $3,600.00 from 15 June 2022 to date of this judgment, inclusive.
2. The defendant will pay the plaintiff’s costs of and incidental to this action (including reserved costs, if any) to be assessed on the standard basis.
CATCHWORDS:
CIVIL PROCEEDING – DEFAMATION – ASSESSMENT OF DAMAGES – Six Defamatory publications & imputations – damages for defamation – interest – costs.
LEGISLATION: Civil Proceedings Act 2011 (Qld), s 15.
Defamation Act 1995 (Qld), s 34.Uniform Civil Procedure Rules 1999 (Qld), rr 693 & 698.
CASES: Anstee v Jennings [1935] VLR 144
Banks v Cadwalladr [2022] EWHC 1417
BHP Coal Pty Ltd v O & K Orenstein & Coppell AG (No. 2) [2009] QSC 64
Broome v Cassell & Co Ltd [1972] AC 1027, at 1125.
Carson v John Fairfax & SonsLtd (1993) 178 CLR 44
Cerutti v Crestside Pty Ltd [2016 ] 1 Qd R 89
Cilli v Abbott (1981) 53 FLR 108
Karzon v Pavlovic [2022] QDC 187 not disturbed on appeal
Kilvington v Grigg & Ors (No. 2) [2011] QDC 37.
Latoudis v Casey (1990) 170 CLR 534
Oshlack v Richmond River Council (1988) 193 CLR 72
Radio 2UE Sydney Pty Ltd v Chesterton (2009) 238 CLR 460
Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327Alphabetical order
COUNSEL: Michael Jonsson KC for the Plaintiff. SOLICITORS: Miller Bou Samra Lawyers for the Plaintiff.
The Defendant was self represented.
Summary
The plaintiff, the secretary and general manager of Cazalys Cairns Limited, sues the defendant for multiple defamatory emails and letters to his board directors, officials, politicians and journalists, imputing the plaintiff's personal and professional conduct. The imputations are serious and attack the plaintiff's personal integrity, professional competence, and moral character.
The plaintiff was awarded judgment on his claim on 10 March 2023, and now damages are to be assessed.
The determinative issues in the proceeding are:
1. What is the assessment of damages for the plaintiff?
2. What interest should apply to such damages?
3. What costs order should follow the event?
The plaintiff has evidenced the impact of the defamatory publications the subject of the proceeding, as well as a consequential article in a local newspaper, on his reputation, emotional well-being, and professional standing. His evidence was neither challenged nor contradicted. The damages are compensatory of personal distress, reparation for harm to reputation, and vindication of the plaintiff's standing. The defendant's lack of bona fides, refusal to retract or apologise, and his adverse conduct during the proceedings justifies…
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- AGLC
- Wale v Hollins [2023] QDC 116
- Case
- [2023] QDC 116
- Decision Date
CaseChat Overview and Summary
The court was required to decide on the legal issues of whether the defamatory statements were indeed published and if they had caused harm to the plaintiff's reputation. The court also needed to determine the appropriate amount of damages to be awarded to the plaintiff for the harm caused by the defamatory statements. Furthermore, the court had to calculate the interest on the damages from a specific date until the date of the judgment. Lastly, the court was required to decide on the costs of the action, including any reserved costs, and determine whether they should be paid by the defendant or the plaintiff.
The court found that the defamatory statements made by the defendant were indeed published and had caused harm to the plaintiff's reputation. The court assessed the damages to be awarded to the plaintiff based on the severity and impact of the defamatory statements. The court calculated the interest on the damages from the specified date until the date of the judgment. The court decided that the defendant should pay the plaintiff's costs of and incidental to this action, including reserved costs if any, on the standard basis.
In conclusion, the court awarded the plaintiff, Wale, damages for defamation in the amount of $120,000.00, together with interest of $3,600.00 from 15 June 2022 to the date of this judgment, inclusive. The defendant, Hollins, was ordered to pay the plaintiff's costs of and incidental to this action, including reserved costs, if any, on the standard basis.
Orders
Orders of the court
1. Judgment for the plaintiff against the defendant for damages for defamation fixed in the amount of $120,000.00, together with interest of $3,600.00 from 15 June 2022 to date of this judgment, inclusive.
2. The defendant will pay the plaintiff’s costs of and incidental to this action (including reserved costs, if any) to be assessed on the standard basis.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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