Rastogi v Nolan [2010] NSWSC 735

New South Wales Supreme Court

CITATION : Rastogi v Nolan [2010] NSWSC 735

HEARING DATE(S) : 29 June 2010

JUDGMENT DATE : 9 July 2010

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

(i) The defendant, Deidre Nolan, be permanently restrained by herself, her servants or agents, from directly or indirectly publishing in any form any statements of or concerning the plaintiff to the effect that he is reckless, negligent or dishonest in his profession as a cosmetic surgeon, that he did not perform the defendant's surgery correctly, or allegations of a similar nature other than: (1) to any organisation with proper responsibility for considering and determining complaints concerning the conduct of the plaintiff; (2) as may be required by law; DECISION : (3) to professional advisors for the purpose of obtaining professional advice; or (4) with the leave of the Court. (ii) Verdict for the plaintiff in the sum of $65,000, together with interest in the sum of $2,500; (iii) The defendant is to pay the plaintiff's costs of the proceedings.

CATCHWORDS : PROCEDURE – application for adjournment – defendant unrepresented – no reasonable prospect that defendant might secure legal assistance – matter to proceed in the interests of justice – application for adjournment refused, Notice of Motion dismissed - DEFAMATION – defence – s 23 Defamation Act 2005 – s 23 does not preclude the filing or the reliance upon the second Statement of Claim where publications, imputations complained of and second Statement of Claim different. - DEFAMATION – statements amounting to defamation – particular statements – whether imputations conveyed – whether imputations defamatory of plaintiff - DEFAMATION – damages – compensatory damages – aggravated damages – factors to be considered include "motive and conduct" of the defendant and period and extent of publication – interest and costs - DEFAMATION – injunction – interim injunction made permanent