Al Muderis v Duncan (No 3) [2017] NSWSC 726

Supreme Court New South Wales

Medium Neutral Citation: Al Muderis v Duncan (No 3) [2017] NSWSC 726 Hearing dates: 24 May 2017 Date of orders: 07 June 2017 Decision date: 07 June 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) Judgment for the plaintiff against each of the first and second defendants;

(2) The first and second defendants shall jointly and severally pay the plaintiff damages in the amount of $320,000;

(3) The second defendant shall, in addition to any sum paid pursuant to the order in [2] above, pay the plaintiff damages for defamation of a further $160,000;

(4) Interest shall be calculated on the foregoing amounts at 3% from 30 November 2015 until the date of judgment and shall be payable, in relation to each award of damages above by the defendant or defendants responsible, under the above orders, for the damages;

(5) Pursuant to s 40 of the Defamation Act 2005, the first and second defendants shall, jointly and severally, pay the plaintiff his costs of and incidental to the proceedings, assessed on an indemnity basis;

(6) The plaintiff is directed, after submissions on injunctive relief, to file and serve a minute of order to be entered by the Court. Such order shall include the words, naming each of the defendants, that the person is liable to imprisonment or to sequestration of property if the acts required to be done within the specified time are not done within that time and that the defendant and each of them is subject to imprisonment or to sequestration of property if they perform acts or engage in conduct restrained by the terms of the judgment or fail to act as required;