Royal Society for the Prevention of Cruelty to Animals New South Wales v Mal Davies [2011] NSWSC 1445

Supreme Court New South Wales

Medium Neutral Citation: Royal Society for the Prevention of Cruelty to Animals New South Wales v Mal Davies [2011] NSWSC 1445 Hearing dates: 17 October 2011 Decision date: 30 November 2011 Jurisdiction: Common Law Before: Latham J Decision: (1) Damages in the sum of $100,000.00 (2) Interest on the judgment sum in the amount of 3%, as and from 18 April 2011. (3) An order that the matter complained of be permanently removed from the website www.sosnews.org and any archive version of the website or any other website controlled by the defendant (4) An order that the defendant be permanently restrained, by himself and/or his servants or agents from publishing any matter substantially to the same effect as any part of the matter complained of (5) An order that the defendant be permanently restrained, by himself and/or his servants or agents from publishing any of the imputations of and concerning the plaintiff found by the Court to be carried by the matter complained of, or any imputation that does not differ in substance to any of those imputations (6) Costs on an indemnity basis in accordance with s 40 of the Act Catchwords: DEFAMATION - publication over the internet and by email - plaintiff a not-for-profit corporation - no appearance by defendant - assessment of damages - reparation and vindication for damage to business reputation - grapevine effect - injunctive relief is appropriate as there is a real risk the defendant will not desist unless by an order of the court Legislation Cited: Defamation Act 2005 Defamation Act 1974 Crimes (Sentencing Procedure) Act 1999 Prevention of Cruelty to Animals Act 1979 Civil Procedure Act 2005 Cases Cited: Higgins and Ors v Sinclair [2011] NSWSC 163 Dow Jones v Gutnik (2002) 210 CLR 575 Steele v Mirror Newspapers Ltd [1974] 2 NSWLR 348 Holmes v Fraser [2008] NSWSC 570 Fraser v Holmes [2009] NSWCA 36 Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327 ABC v Comalco Ltd (1986) 12 FCR 510 Palmer Bruyn & Parker Pty Ltd v Parsons (2001) 208 CLR 388 Chulcough v Holley (1968) 41 ALJR 336 Category: Principal judgment Parties: Royal Society for the Prevention of Cruelty to Animals New South Wales - (Plaintiff) Mal Davies - (Defendant) Representation: Counsel ST Chrysanthou - (Plaintiff) No appearance - (Defendant) Solicitors Smythe Wozniak Legal - (Plaintiff) No appearance - (Defendant) File Number(s): 2011/126602