Bishop Mar Meelis Zaia v David Tiglath Chibo [2005] NSWSC 917

New South Wales Supreme Court

CITATION : Bishop Mar Meelis Zaia v David Tiglath Chibo [2005] NSWSC 917

HEARING DATE(S) : 25.07.05, 26.07.05, 04.08.05

JUDGMENT DATE : 13 September 2005

JUDGMENT OF : Nicholas J

DECISION : para 49

CATCHWORDS : DEFAMATION - Assessment - Damages - aggravated compensatory damages for falsity of imputations and subsequent publications

LEGISLATION CITED : Defamation Act 1974 s 46; s 46A

Broome v Cassell [1972] AC 1027 Carson v John Fairfax & Sons Ltd (1992-1993) 178 CLR 44 Crampton v Nugawela (1996) 41 NSWLR 176 Ley v Hamilton (1935) 153 LT 384 CASES CITED : Markovic v White [2004] NSWSC 37 Readers Digest Services Pty Ltd v Lamb (1982) 150 CLR 500 Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327 Triggell v Pheeney (1951) 82 CLR 497

Bishop Mar Meelis Zaia - plaintiff PARTIES : David Tiglath Chibo - defendant

FILE NUMBER(S) : SC 20045/05

J S Wheelhouse SC - plaintiff COUNSEL : ex parte - defendant

Blessington Judd - plaintiff SOLICITORS : ex parte - defendant

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST

Nicholas J

13 September 2005

20045/05 Bishop Mar Meelis Zaia v David Tiglath Chibo JUDGMENT 1 His Honour: The plaintiff, the Bishop of the diocese of Australia and New Zealand of the Assyrian Church of the East, (the Church) for 20 years, sues the defendant in respect of two publications. These proceedings are for the assessment of damages only. 2 The first publication complained of was published by the defendant in the edition of "Zinda Magazine" of 11 January 2005 under the heading "The Hood, the Bad, & the Holy". It was also published on the magazine's website, and also by means of an e-mail sent by the defendant on 15 January 2005 to persons in New South Wales and Victoria. 3 The plaintiff claims that the Zinda article carries the following imputations: