Darwin v Norman [2020] NSWSC 357

Supreme Court New South Wales

Medium Neutral Citation: Darwin v Norman [2020] NSWSC 357 Hearing dates: 5-9 August 20193-4 October 2019 Date of orders: 08 April 2020 Decision date: 08 April 2020 Jurisdiction: Common Law Before: Fagan J Decision: 1 Judgment for the second plaintiff against the first defendant for $200,000 dollars. 2 Judgment for the third plaintiff against the first defendant for $200,000 dollars. 3 Judgment for the first and second defendants against the fourth plaintiff. 4 The first defendant is to pay the second and third plaintiffs' costs of the proceedings. 5 The second and third plaintiffs are to bring in within 14 days a minute of the form of a permanent injunction against further defamatory publication by the first defendant. Catchwords: DEFAMATION – defamatory matter – where material published in local newspaper and on the internet – where defendant admitted majority of pleaded imputations conveyed – remaining imputations found to have been conveyed – plaintiffs defamed – judgment for plaintiffs

DEFAMATION – defences – defence of justification not established

DEFAMATION – remedies – permanent injunction – aggravated damages Legislation Cited: Defamation Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Andrews v John Fairfax & Sons Ltd [1980] 2 NSWLR 225 Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496 Trkulja v Google LLC [2018] HCA 25 Category: Principal judgment Parties: Adrian Brennock - second plaintiff Phillip Dixon – third plaintiff Gillian Norman – first defendant Representation: Counsel: N Olsen - plaintiffs Gillian Norman - self represented 5-9 August 2019; J L Harrison 3-4 October 2019