DEFAMATION – proceeding against a member of New South Wales Parliament brought by another member – imputations pleaded in respect of two impugned publications – consideration of whether imputations conveyed – first imputation made in “primary tweet” held to be conveyed – whether imputation defamatory – consideration of whether publication of defamatory matter about the applicant has caused, or is likely to cause, serious harm to his reputation within the meaning of s 10A(1) of the Defamation Act 2005 (NSW) – serious harm found – defences of honest opinion pursuant to s 31 of the Defamation Act 2005 (NSW) and common law qualified privilege (reply to attack) – where defences not made out – where applicant sought general damages for non-economic loss – where applicant sought aggravated damages – assessment of damages – where alleged unjustifiable conduct said to support award of aggravated damages – quantification of damages
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1050
For more information, see the original judgement.
