Federal Court of Australia
Federal Court of Australia
Tribe v Simmons (No 2) [2021] FCA 1164 File number: NSD 322 of 2021
Judgment of: LEE J
Date of judgment: 14 September 2021
Date of publication of reasons: 24 September 2021
Catchwords: DEFAMATION – permanent injunction to restrain republication of the defamation – where default judgment entered – where respondent failed to file a defence or attend the hearing – whether there is a real risk of repetition of the defamation – where respondent engaged in sustained campaign of tweets repeating the defamation – permanent injunction ordered DAMAGES – where applicant sought general compensatory damages for non-economic loss – where applicant sought aggravated damages – assessment of general or compensatory damages – consideration of appropriate and rational relationship between harm sustained by applicant from the publication and the amount of damages – consideration of "grapevine effect" – whether alleged unjustifiable conduct supports award of aggravated damages – where no defence filed despite respondent foreshadowing a justification defence – where respondent did not appear at the hearing – circumstances relating to publication warrant award of aggravated damages
Legislation: Evidence Act 1995 (Cth) s 144 Defamation Act 2005 (NSW) Pt 4 Div 3, Sch 4 cl 7, s 34 Defamation Amendment Act 2020 (NSW)
Cases cited: Al Muderis v Duncan (No 3) [2017] NSWSC 726 Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154; (2018) 56 VR 674 Carson v John Fairfax & Sons Limited (1993) 178 CLR 44 Cassell & Co Ltd v Broome [1972] AC 1027 Crampton v Nugawela (1996) 41 NSWLR 176 Chau v Australian Broadcasting Corporation (No 3) [2021] FCA 44; (2021) 386 ALR 36 Nationwide News Pty Ltd v Rush [2020] FCAFC 115; (2020) 380 ALR 432 Nettle v Cruse [2021] FCA 935 Nine Network Australia Pty Ltd v Wagner [2020] QCA 221; (2020) 385 ALR 328 Rayney v Western Australia (No 9) [2017] WASC 367 Stead v Fairfax Media Publications Pty Ltd [2021] FCA 15; (2021) 387 ALR 123 Tavakoli v Imisides (No 4) [2019] NSWSC 717 Tribe v Simmons [2021] FCA 930 Pell v Queen [2019] VSCA 186 Wagner v Harbour Radio Pty Ltd [2018] QSC 201 Webster v Brewer (No 3) [2020] FCA 1343
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