Egan v Santamaria [2021] NSWDC 418

District Court New South Wales

Medium Neutral Citation: Egan v Santamaria [2021] NSWDC 418 Hearing dates: 19 August 2021 Date of orders: 19 August 2021 Decision date: 19 August 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) No appearance for the defendant at the commencement of the Defamation List at 9am and at 10:05 am when these proceedings were called on for hearing. (2) Judgment for the plaintiff for $250,000 plus interest at 3.5% from 9 July 2019, making a total of $ 268,506.85. (3) Defendant to pay plaintiff's costs with liberty to apply in relation to indemnity costs and/or for a gross sum costs order. (4) Exhibits retained until further order. Catchwords: TORT - defamation – series of emails to the plaintiff's friends and business associates – defendant appears on the record briefly but fails to file defence – assessment of damages – grapevine effect – aggravated damages Cases Cited: Anderson v Mirror Newspapers Ltd No 2 (1986) 5 NSWLR 735 Bauer Media v Wilson [2018] VSCA 154; 56 VR 674; 361 ALR 642 French v Fraser 2015 NSWSC 1807 Gayle v Fairfax Media Publications Pty Ltd (No 2) [2018] NSWSC 1838 Kostov v Amelie Housing [2018] NSWSC 1800 Nugawela v Crampton (1996) 41 NSWLR 176 Satz v CAN 069 808 957 Pty Ltd [2010] NSWAC 365 Category: Principal judgment Parties: Plaintiff: Jeffery Michael Egan Defendant: Giuseppe Santamaria Representation: Counsel: Plaintiff: Mr R Rasmussen