Al Muderis v Duncan (No 3) [2017] NSWSC 726

Al Muderis v Duncan (No 3) [2017] NSWSC 726

Given the extremely serious and broad-ranging defamatory imputations published by the defendants, the plaintiff's extraordinarily high personal and professional reputation, and the ongoing nature of the publications, substantial damages including aggravated damages were warranted. Further, damages were inadequate to address the ongoing risk to the plaintiff's reputation and well-being, thus permanent injunctive relief was justified to restrain the defendants from further defamatory conduct.

Parties
Plaintiff: Dr Munjed Al Muderis; First Defendant: Rodney Duncan; Second Defendant: Gerardo Mazzella; Third Defendant: Instra Corporation Pty Ltd
Jurisdiction
Australia
Judgment Date
07 June 2017
Procedural Posture
Defamation / Judgment on Damages and Injunctive Relief After Default Judgment on Liability
Outcome
Judgment for the plaintiff against the first and second defendants. Damages and injunctive relief ordered.
Legal Topics
Defamation, Damages, Aggravated Damages, Injunctive Relief
Tort Law Defamation Damages Aggravated Damages Injunctive Relief

Case Brief

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Parties

Dr Munjed Al Muderis

Plaintiff

Rodney Duncan

First Defendant

Gerardo Mazzella

Second Defendant

Instra Corporation Pty Ltd

Third Defendant

Procedural Posture

Defamation / Judgment on Damages and Injunctive Relief After Default Judgment on Liability

Legal Issues

  1. 1 Assessment of damages for defamation
  2. 2 Whether aggravated damages are warranted
  3. 3 Criteria for granting permanent injunctive relief in defamation

Ratio Decidendi

Given the extremely serious and broad-ranging defamatory imputations published by the defendants, the plaintiff's extraordinarily high personal and professional reputation, and the ongoing nature of the publications, substantial damages including aggravated damages were warranted. Further, damages were inadequate to address the ongoing risk to the plaintiff's reputation and well-being, thus permanent injunctive relief was justified to restrain the defendants from further defamatory conduct.

Court Disposition

Judgment for the plaintiff against the first and second defendants. Damages and injunctive relief ordered.

Orders

  • Judgment for the plaintiff against each of the first and second defendants;
  • The first and second defendants shall jointly and severally pay the plaintiff damages in the amount of $320,000;