Thunder Studios Inc (California) v Kazal (No 12) [2022] FCA 110

Federal Court of Australia

Thunder Studios Inc (California) v Kazal (No 12) [2022] FCA 110 File number(s): NSD 850 of 2014

Judgment of: RARES J

Date of judgment: 18 February 2022

Catchwords: DEFAMATION – whether defamatory imputations conveyed – whether matters complained of identified unnamed corporate applicant – where applicant company was alter ego of individual applicant named in matters complained of – whether corporate applicant with less than 10 employees at time of publication of matter complained of able to commence proceedings in defamation under s 9 of Defamation Act 2005 (NSW) DAMAGES – where respondents have no filed defence – where respondents can raise matters in mitigation of damages – where reputation particularly important in applicant's industry – where industry practice is to google potential business associates – where defamatory publication and conduct occurred both in Australia and the United States and laws of each jurisdiction are not the same – whether defamatory publication and conduct in the United States protected by First Amendment to the Constitution of the United States able to be taken into account in assessment of damages – where United States Court found that respondents' conduct was constitutionally protected free speech PRACTICE AND PROCEDURE – where respondents did not have a defence – where at trial respondents can raise matters in mitigation of damages EVIDENCE – whether evidence of foreign judgment admissible under s 91 of Evidence Act 1995 (Cth) – where foreign judgment not used to establish truth of facts in issue – whether foreign judgment relevant or admissible to prove what foreign Court said about factual dispute it resolved and reasoning process to arrive at findings