North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin [2014] NSWDC 125

District Court New South Wales

Medium Neutral Citation: North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin [2014] NSWDC 125 Hearing dates: 25 July 2014 Decision date: 08 August 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the first plaintiff for $50,000. (2) Judgment for the second plaintiff for $100,000. (3) Judgment for the third plaintiff for $100,000. (4) Costs and interest reserved with liberty to apply on 7 days' notice. (5) Exhibits retained for 28 days. Catchwords: TORT - defamation - defendant makes 12 publications on Facebook and by email imputing the plaintiffs, a children's home and its executive officers, were guilty of child abuse and neglect - defendant fails to file a defence - plaintiffs seek and obtain default judgment in defamation list and have proceedings listed for assessment of damages - general damages - claim by two plaintiffs for aggravated compensatory damages - substantial damages sought for a series of publications of serious allegations - absence of evidence in mitigation of damage - awards of $100,000 to the second and third plaintiff (inclusive of aggravated compensatory damages) and of $50,000 to the corporate plaintiff, aggravated damages not being available to a corporation PRACTICE AND PROCEDURE - defendant notified of directions dates and hearing but fails to attend court - proceedings listed for hearing for assessment of damages - evidence in relation to damages by way of affidavit served on defendant - defendant provides written submissions on damages - conduct of defamation proceedings where an unrepresented party fails to appear Legislation Cited: Associations Incorporations Act 1984 (NSW) Defamation Act 2005 (NSW), ss 9(2)(b), 34, 35, 38, 39 Uniform Civil Procedure Rules 2005 (NSW), r 14.16 Cases Cited: Altarama Ltd v Forsyth [1981] 1 NSWLR 188 Australian Broadcasting Corporation v Comalco Ltd (1986) 12 FCR 510 Bodenstein v Hope Street Urban Compassion (Supreme Court of New South Wales, McCallum J, 2 December 2013, unreported) Cerutti v Crestside Pty Ltd [2014] QCA 33 Coren v Master Builders Assn of New South Wales Pty Ltd [2014] NSWCA 244 Dossis v Andreadis [2012] SADC 104 French v Triple M Melbourne Pty Ltd [2006] VSC 36 Graham v Powell (No 3) 2014 NSWSC 185 Higgins v Sinclair [2011] NSWSC 163 Leech v Green & Gold Energy Pty Ltd [2011] NSWSC 999 Lillie v Newcastle City Council [2002] EWHC 1600 Maxwell-Smith v Warren [2007] NSWCA 270 Northumbrian Ice Cream Co Ltd v Breakaway Vending Pty Ltd [2006] NSWSC 1216 NRMA Insurance Ltd v Flanagan [1982] 1 NSWLR 585 Petrov v Do [2013] NSWSC 1382 Ritson v Burns [2014] NSWSC 272 Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327 Royal Society for the Prevention of Cruelty to Animals, New South Wales v Davies [2011] NSWSC 1445 Stevens v Mayberry [2012] SASC 220; Zarth v Williamson [2006] NSWCA 246 Texts Cited: - Category: Principal judgment Parties: First Plaintiff: North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) (Registration Number: 023638048) Second Plaintiff: Naarah Morgan Rodwell Third Plaintiff: Todd Michael Yourell Defendant: Keith Martin Representation: Plaintiffs: Mr M McCall Defendant: No appearance Plaintiffs: Trenches McKenzie Cox Solicitors Defendant: No appearance File Number(s): 2013/365251 Publication restriction: None