Gair and Turland v Greenwood [2020] NSWDC 586

District Court New South Wales

Medium Neutral Citation: Gair and Turland v Greenwood [2020] NSWDC 586 Hearing dates: 3 September 2020 Date of orders: 1 October 2020 Decision date: 01 October 2020 Jurisdiction: Civil Before: Scotting DCJ Decision: (1) Verdict and judgment for the first plaintiff in the sum of $107,980. (2) Verdict and judgment for the second plaintiff in the sum of $129,468. (3) The defendant be permanently restrained by himself, his servants or agents, from publishing or causing to be published the matter complained of, namely the video "The Strife and Crimes of Duncan Gair", or matters substantially to the same effect as such matter on the world wide web (including YouTube) or otherwise. (4) The defendant is permanently restrained from publishing on the world wide web or otherwise any matter of and concerning the plaintiffs to the same effect as the imputations contained in the Amended Statement of Claim and set out below: (a) The first plaintiff as the Mayor of the Wingecarribee Shire Council ("Council") was corrupt in that he misused his office as Mayor by dishonestly influencing the outcome of development application for his friends; (b) The first plaintiff as the Mayor of the Council was corrupt in that he received money from developers in return for dishonestly influencing the outcome of development applications; (c) The first plaintiff is a racketeer. (d) The second plaintiff is a crook. (e) The second plaintiff as an elected councillor of the Council was corrupt in that he misused his position as an elected councillor by dishonestly influencing the outcome of development applications. (f) The second plaintiff dishonestly used his position as elected councillor of the Council to be able to influence the outcome of development applications in which he had an interest; (g) The second plaintiff bribed the Mayor in order to obtain favourable outcomes for development applications; (h) The second plaintiff engaged in a conflict of interest through his position as an elected councillor by being able to influence development applications in which he had an interest. (5) The defendant take all reasonable steps to remove forthwith from the world wide web (including Facebook.com, southernhighlandsnsw.org and YouTube.com), all matter that he has published, posted or uploaded concerning the plaintiffs to the same effect as the imputations set out in order 4(a) to 4(h) above, including the YouTube video uploaded under the name "Worried Wingecarribeans" on 18 March 2019. (6) The defendant is to pay the plaintiffs' costs of the proceedings on an indemnity basis as agreed or assessed. (7) I publish my reasons. Catchwords: DEFAMATION – Defamatory matter – assessment of damages – Damage to reputation – Injury to feelings – Permanent injunction Legislation Cited: Defamation Act 2005 Cases Cited: Bolton v Stoltenberg [2018] NSWSC 1518 Bristow v Adams [2012] NSWCA 166 Broome v Cassell & Co Ltd [1972] AC 1027 Cripps v Vakras [2014] VSC 279 Fairfax Media Publications Pty Ltd v Pedavoli (2015) 91 NSWLR 485 Morgan v Odhams Press Ltd [1971] 1 WLR 1239 Palmer Bruyn & Parker v Parsons (2001) 208 CLR 388 Readers Digest Services Pty Ltd v Lamb (1982) 150 CLR 500 Triggell v Pheeney (1951) 82 CLR 497 Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118 Category: Costs Parties: Thomas Duncan Gair (First Plaintiff) Garry Maurice Turland (Second Plaintiff) Adam Haig Greenwood (Defendant) Representation: Counsel: D Woods (First and Second Plaintiffs)