Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45 Hearing dates: 5 August 2019 Decision date: 20 March 2020 Before: Macfarlan JA at [1] Gleeson JA at [2] Brereton JA at [250] Decision: 2018/334329 (Mr Stoltenberg's appeal)

(1) Appeal dismissed.

(2) Appellant to pay the respondent's costs.

2018/324176 (Leave to appeal/cross-appeal)

(1) Summons seeking leave to appeal filed 21 November 2018 be dismissed with costs.

(2) Cross-summons for leave to cross-appeal filed 31 January 2019 be dismissed with no order as to costs. Catchwords: DEFAMATION – appeals – publication – Facebook – where defamatory posts made on public Facebook page styled "Narri Leaks" – evidence of publication – whether evidence outside particularised case – proof of extent of publication – whether respondent's wife was acting on behalf of respondent in downloading the posts – whether answers to interrogatories evidence of proof of extent of publication – whether appropriate to draw Jones v Dunkel inference where defendant did not give evidence

DEFAMATION – appeals – imputations – whether error in finding three imputations were conveyed by fifth matter complained of

DEFAMATION – appeals – defences – common law qualified privilege – where posts made on public Facebook page – whether excessive publication – where posts downloaded by people outside Narrabri Shire – whether privileged occasion – whether error in rejecting defence of common law qualified privilege