Nettle v Cruse [2021] FCA 935

FEDERAL COURT OF AUSTRALIA

Nettle v Cruse [2021] FCA 935 File number: NSD 369 of 2019

Judge: WIGNEY J

Date of judgment: 11 August 2021

Catchwords: DEFAMATION – where respondent was alleged to have posted online publications in the form of reviews and commentary containing defamatory imputations concerning the applicant and his surgical practice – where online publications were made using false names – where respondent was unable to be personally served by the applicant – where respondent failed to file a defence or appear but service deemed to have been effected – where respondent had previously admitted to being responsible for some of the publications – whether online publications contained defamatory imputations – whether publications conveyed imputations that the applicant was dishonest, unethical and incompetent – where imputations were found to have been conveyed – where imputations conveyed in the online publications were found to be defamatory DAMAGES – where applicant was found to have been defamed by online publications – where damages and injunctive relief sought for defamation – where applicant was found to have suffered substantial loss or damage as a result of the defamatory publications – relevant principles regarding the assessment of damages for defamation – where damage to the applicant as a result of defamation significantly affected the applicant's personal, business and professional reputation – where defamatory publications caused hurt to feelings and emotional and mental distress to the applicant – where applicant awarded compensatory and aggravated damages – where applicant granted permanent injunctive relief restraining respondent from republishing content containing defamatory imputations