Mickle v Farley [2013] NSWDC 295

Mickle v Farley [2013] NSWDC 295

The defamatory social media publications were untrue, significantly hurt the plaintiff and damaged her reputation, and their capacity to spread through Twitter and Facebook increased the harm. Compensatory damages of $85,000 were appropriate, and the defendant's later conduct, including a spurious defence of truth and an unsubstantiated qualified privilege defence, justified aggravated damages of $20,000.

Jurisdiction
Australia
Judgment Date
29 November 2013
Procedural Posture
Civil Defamation Action / Assessment of Damages After the Amended Defence Was Struck Out and Judgment Entered for the Plaintiff
Outcome
Verdict and judgment for the plaintiff for $105,000 with costs.
Legal Topics
['assessment of Damages' 'defamation Via Twitter and Facebook' 'compensatory Damages' 'aggravated Damages']
['defamation' 'civil Procedure'] ['assessment of Damages' 'defamation Via Twitter and Facebook' 'compensatory Damages' 'aggravated Damages']

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Procedural Posture

Civil Defamation Action / Assessment of Damages After the Amended Defence Was Struck Out and Judgment Entered for the Plaintiff

Legal Issues

  1. 1 ['What compensatory damages should be awarded for defamatory publications made on Twitter and Facebook.' "Whether the defendant's conduct in response to the claim justified aggravated damages."]

Ratio Decidendi

The defamatory social media publications were untrue, significantly hurt the plaintiff and damaged her reputation, and their capacity to spread through Twitter and Facebook increased the harm. Compensatory damages of $85,000 were appropriate, and the defendant's later conduct, including a spurious defence of truth and an unsubstantiated qualified privilege defence, justified aggravated damages of $20,000.

Court Disposition

Verdict and judgment for the plaintiff for $105,000 with costs.

Orders

  • ['There will be judgment for the plaintiff in the sum of $105,000.' "The defendant is to pay the plaintiff's costs of the proceedings." 'The exhibits may be returned.']