SMEC Holdings Ltd v Boniface [2007] NSWSC 1402

New South Wales Supreme Court

CITATION : SMEC Holdings Ltd v Boniface [2007] NSWSC 1402

HEARING DATE(S) : 5 November 2007; 6 November 2007; 7 November 2007; 8 November 2007

JUDGMENT DATE : 5 December 2007

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

DECISION : (1) The first plaintiff: (i) In respect of the fourth, fifth, sixth and eighth publications respectively: verdict for the first plaintiff in the sums of $75,000, $100,000, $80,000 and $120,000; (2) The second plaintiff: (i) In respect of the second, third, fourth, fifth, sixth and eighth publications respectively: verdict for the second plaintiff in the sums of $80,000, $80,000, $80,000, $100,000, $110,000 and $110,000; (ii) in respect of the seventh publication: verdict for the defendant; (3) The third plaintiff: (i) In respect of the second, third, fifth, sixth and eighth publications respectively: verdict for the third plaintiff in the sums of $80,000, $80,000, $90,000, $90,000 and $110,000; (4) The fourth plaintiff: (i) In respect of the second, third and eighth publications respectively: verdict for the fourth plaintiff in the sums of $80,000, $80,000 and $110,000; (5) Order that the defendant pay the plaintiff's costs of the proceedings.

CATCHWORDS : DEFAMATION – imputations found by jury to have been conveyed – defences of qualified privilege at common law, comment and unlikelihood of harm – circulation/distribution of defamatory publications - QUALIFIED PRIVILEGE – whether recipient "interested" in receiving communication on the relevant subject matter – whether defendant acted bona fide in making communication – COMMENT - whether imputations were an expression of opinion or statement of fact - whether comment was based on proper material for comment - UNLIKELIHOOD OF HARM – s 13 – whether recipient likely to place any trust or weight in communication - DAMAGES – whether proceedings an abuse of process – quantification – relevant considerations – aggravated damages