Tavakoli v Imisides (No 4) [2019] NSWSC 717

Supreme Court New South Wales

Medium Neutral Citation: Tavakoli v Imisides (No 4) [2019] NSWSC 717 Hearing dates: 4 December 2018 Date of orders: 24 June 2019 Decision date: 24 June 2019 Jurisdiction: Common Law Before: Rothman J Decision: (1) The first defendant shall pay the plaintiff $530,000 as damages for the defamation published and referred to in these reasons for judgment as the first Google review;

(2) The first defendant shall pay the plaintiff's costs of and incidental to the proceedings on an indemnity basis;

(3) Neither defendant shall create a website of or concerning the plaintiff;

(4) The first defendant shall not publish or allow to remain published her Google review, first published on or about 1 September 2017;

(5) Neither defendant shall publish, re-publish or allow to remain published any matter containing imputations in or to the effect of those contained in the Google review and prescribed in [40] of the Statement of Claim, filed in these proceedings on 15 September 2017, being:

(a) any allegation that the plaintiff charged the first defendant for a buccal fat procedure that he did not perform;

(b) any allegation that the plaintiff acted improperly in relation to a buccal fat procedure for the first defendant;

(c) any allegation that the plaintiff acted incompetently in relation to a buccal fat procedure for the first defendant;

(6) The first defendant shall pay to the plaintiff interest at 4% per annum on $530,000 from 1 September 2017 until the date of judgment and thereafter at the rate prescribed by the Uniform Civil Procedure Rules 2005 (NSW), r 36.7 for post-judgment interest;