FEDERAL COURT OF AUSTRALIA
Webster v Brewer (No 3) [2020] FCA 1343
ORDERS
VID 293 of 2020 BETWEEN: ANNE WEBSTER
First Applicant
PHILIP WEBSTER
Second Applicant
ZOE SUPPORT AUSTRALIA (ABN 76161029705)
Third Applicant
AND: KAREN BREWER
Respondent
ORDER MADE BY:
GLEESON J
DATE OF ORDER:
22 SEPTEMBER 2020
THE COURT ORDERS THAT:
1.The respondent pay the first applicant general damages, including aggravated damages assessed in the sum of $350,000.00.
2.The respondent pay the second applicant general damages, including aggravated damages assessed in the sum of $225,000.00.
3.The respondent pay the third applicant general damages, including aggravated damages assessed in the sum of $300,000.00.
4.The respondent pay the applicants’ costs of the proceeding.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
GLEESON J:
On 18 June 2020, I made an order pursuant to r 5.23(2)(d) of the Federal Court Rules 2011 giving judgment for the applicants against the respondent (Ms Brewer) for damages to be assessed by the Court in respect of seven defamatory publications. Those damages are to be assessed under the Defamation Act 2005 (Vic) (Act).
In the absence of any defence, I also made an order in terms of the interlocutory injunction made on 19 May 2020 (Webster v Brewer (No 2) [2020] FCA…
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- AGLC
- Webster v Brewer (No 3) [2020] FCA 1343
- Case
- [2020] FCA 1343
- Decision Date
CaseChat Overview and Summary
The court found that the defamatory imputations made by Ms Brewer were serious, particularly given the nature of the applicants' work and their reliance on public trust and confidence. The court noted that while the publications were not reasoned or plausible, they could still have an impact on suggestible members of the community. The court also found that the extent of publication was significant, with the posts receiving numerous reactions, comments, views, and shares. The court concluded that substantial awards of damages were necessary to vindicate the applicants' reputations and to demonstrate the baselessness of Ms Brewer's charges.
The court assessed the damages for each applicant, taking into account the seriousness of the imputations, the need for vindication, and the need for recompense for the hurt inflicted. The court awarded Dr Anne Webster $350,000 in damages, Dr Philip Webster $225,000, and Zoe Support $300,000. The court also ordered that the respondent pay the applicants' costs of the proceeding.
The court ordered that the respondent pay the applicants' costs of the proceeding. The court held that the seriousness of the defamatory imputations, the extent of their publication, and the need for vindication of the applicants' reputations justified the substantial awards of damages. The court also noted that the single award of damages for each applicant was appropriate, as it provided a clear and rational relationship between the harm sustained by the applicants and the amount of damages awarded.
Orders
Orders of the court
1. The respondent pay the first applicant general damages, including aggravated damages assessed in the sum of $350,000.00.
2. The respondent pay the second applicant general damages, including aggravated damages assessed in the sum of $225,000.00.
3. The respondent pay the third applicant general damages, including aggravated damages assessed in the sum of $300,000.00.
4. The respondent pay the applicants’ costs of the proceeding.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
However, by s 36 of the Act, the Court must disregard the malice or other state of mind of the respondent, except to the extent that the malice or other state of mind affects the harm sustained by the applicant.CONSIDERATIONSeriousness of defamatory imputations Each of the applicants is in a position where their work depends upon their honesty and integrity. In the case of Dr Anne Webster, her elected role as a member of parliament requires maintenance of community confidence in her. In the case of Dr Philip Webster, his role as a medical practitioner is based upon the provision of services to individual patients who rely upon his discretion and his professionalism. In the case of all three applicants, their charitable works depend upon their integrity and decency to inspire the confidence without which persons in need are unlikely to seek support. The majority of the imputations allege participation in deliberate and heinous criminality and moral depravity. Considered as a whole, they are the most serious kind of defamatory imputations that could be levelled at an individual or a charity. However, it is significant that Ms Brewer’s publications are not reasoned or plausible. They would not have had the impact of an imputation published in a major newspaper by a respected journalist: cf. French at [90]. The video posts are in the nature of rants. In my view, reasonable people would dismiss them as deranged and lacking in credibility. However, I accept that suggestible members of the Mildura community may have considered them credible, particularly in the light of Ms Brewer’s claims to be acting in the interests of the Australian community. I accept that the vile nature of the publications, considered as a whole, makes vindication of the applicants’ reputations of particular importance and calls for substantial awards of damages. While I consider that rational people would regard Ms Brewer’s publications as delusional, I accept that some people may find them persuasive. The applicants are entitled to substantial awards of damage to “nail the lie”, that is, to demonstrate the baselessness of Ms Brewer’s charges and to vindicate the good name of each of the applicants, which is of so much importance to them, while ensuring an appropriate and rational relationship between the harm sustained by the applicants and the amount of damages awarded: cf. Hayson v The Age Company Pty Ltd (No 2) [2020] FCA 361 at [169]; Wagner v Nine Network Australia [2019] QSC 284 (Wagner) at [223].Extent of publication I accept that the extent of publication of the matters complained of was significant. Ultimately, each was removed by Facebook for breaches of that organisation’s Terms of Service and Community Standards. However, the evidence was that, as at 7 May 2020:(1)the first matter complained of had received 120 reactions, 54 comments and 112 shares;(2)the second matter complained of had received 249 reaction, 315 comments, was viewed on 2,400 occasions and had been shared on 204 occasions;(3)the third matter complained of had received 157 reactions, 121 comments and 221 shares; and(4)the fourth matter complained of was viewed on 1,000 occasions, shared on 76 occasions, received 272 reactions and 350 comments.