RJ v JC [2008] NSWDC 217

New South Wales District Court

CITATION: RJ v JC [2008] NSWDC 217 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 7-9 October 2008

JUDGMENT DATE: 21 October 2008

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

Orders made on 21 October 2008: (1) Judgment for the plaintiff for the sum of $30,000. (2) Defendant pay plaintiff's costs. (3) The parties have liberty to bring in Short Minutes of Order in relation to interest on damages. (4) Liberty to restore in relation to interest and costs. DECISION: (5) Exhibits retained for 28 days. (6) Matter stood over for argument re costs and interest on Thursday 23 October 2008 at 9:00am. Further Orders made on 23 October 2008: (1) Vary orders 1 and 4 to provide for judgment for the sum of $30,000 plus interest at the rate of 3% per annum from the date of publication ($1,108) being a total of $31,108. (2) Until further order, an order that the names of the parties and any identifying factors not be published and that any publication in this court use a pseudonym RJ for the plaintiff and JC for the defendant, and that the proceedings hereafter be known as RJ v JC. (3) The defendant pay the plaintiff's costs, such costs to be paid on an indemnity basis from 22 April 2008.

CATCHWORDS: DEFAMATION - defendant calls plaintiff a "paedophile" - whether vulgar abuse - damages - limited publication - whether aggravated compensatory damages should be awarded

Defamation Act 1958 (NSW) LEGISLATION CITED: Defamation Act 1974 (NSW), s 46A Defamation Act 2005 (NSW), s 34