Bolton v Stoltenberg [2018] NSWSC 1518

Bolton v Stoltenberg [2018] NSWSC 1518

The posts published by the first defendant on the Narri Leaks Facebook page conveyed defamatory imputations about the plaintiff as alleged, were downloaded by third parties, and were not protected by common law or statutory qualified privilege due to excessive and unjustified publication. The second defendant was found responsible for publication of only one post by reason of endorsement. The plaintiff was awarded general and aggravated damages, interest, costs, and limited injunctive relief.

Jurisdiction
Australia
Judgment Date
15 October 2018
Procedural Posture
Civil / Principal Judgment After Trial
Outcome
Judgment for the plaintiff in part.
Legal Topics
['defamation—imputations' 'defamation—publication' 'defamation—defences' 'damages—aggravated' 'remedies—injunction']
['torts' 'defamation'] ['defamation—imputations' 'defamation—publication' 'defamation—defences' 'damages—aggravated' 'remedies—injunction']

Case Brief

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Procedural Posture

Civil / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether the Facebook posts complained of conveyed the pleaded defamatory imputations about the plaintiff; whether those imputations were published to third parties; whether the defendants could rely on common law or statutory qualified privilege or other defences; whether the plaintiff is entitled to aggravated damages and injunctive relief.']

Ratio Decidendi

The posts published by the first defendant on the Narri Leaks Facebook page conveyed defamatory imputations about the plaintiff as alleged, were downloaded by third parties, and were not protected by common law or statutory qualified privilege due to excessive and unjustified publication. The second defendant was found responsible for publication of only one post by reason of endorsement. The plaintiff was awarded general and aggravated damages, interest, costs, and limited injunctive relief.

Court Disposition

Judgment for the plaintiff in part.

Orders

  • ['First defendant to pay plaintiff $100,000 damages ($80,000 general, $20,000 aggravated), plus $10,000 interest.' 'First defendant to pay plaintiff’s costs as agreed or assessed.' 'First defendant permanently restrained from publishing or broadcasting specified defamatory allegations about the plaintiff.' 'Second...