Nikolopoulos & Ors v Greek Herald Pty Ltd & Anor [2003] NSWSC 1060

Nikolopoulos & Ors v Greek Herald Pty Ltd & Anor [2003] NSWSC 1060

Because the defendants did not appear and led no evidence, all pleaded defences failed. The publication conveyed a false defamatory imputation that each plaintiff, as a director of the Club, lied to members about another offer for Club land. Having regard to the significant circulation of the newspaper within the Greek-reading community, the personal hurt, reputational harm, shunning, abuse and other specific impacts on each plaintiff, and aggravating factors including falsity and failure to apologise, the Court assessed and entered judgment for individual damages totalling $685,000.

Jurisdiction
Australia
Judgment Date
18 November 2003
Procedural Posture
Defamation Damages Assessment / Hearing to Assess Damages After a S7 a Defamation Act 1974 Jury Determination That the Published Imputation Was Defamatory of Each Plaintiff
Outcome
Judgment for plaintiffs
Legal Topics
['libel' 'assessment of Damages' 'aggravated Compensatory Damages' 'qualified Privilege' 'justification' 'contextual Truth' 'comment' 'mitigation of Damages']
['defamation' 'torts'] ['libel' 'assessment of Damages' 'aggravated Compensatory Damages' 'qualified Privilege' 'justification' 'contextual Truth' 'comment' 'mitigation of Damages']

Case Brief

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Procedural Posture

Defamation Damages Assessment / Hearing to Assess Damages After a S7 a Defamation Act 1974 Jury Determination That the Published Imputation Was Defamatory of Each Plaintiff

Legal Issues

  1. 1 ["Whether the pleaded defences of qualified privilege, justification, contextual truth, comment and mitigation of damages were established in the defendants' absence." 'What damages should be awarded to each plaintiff for the defamatory imputation that he lied to members of the Canterbury Marrickville Olympic Soccer Football Club Limited.' 'Whether aggravated damages should reflect the falsity of the imputation, failure to apologise and other aggravating circumstances.']

Ratio Decidendi

Because the defendants did not appear and led no evidence, all pleaded defences failed. The publication conveyed a false defamatory imputation that each plaintiff, as a director of the Club, lied to members about another offer for Club land. Having regard to the significant circulation of the newspaper within the Greek-reading community, the personal hurt, reputational harm, shunning, abuse and other specific impacts on each plaintiff, and aggravating factors including falsity and failure to apologise, the Court assessed and entered judgment for individual damages totalling $685,000.

Court Disposition

Judgment for plaintiffs

Orders

  • ['Judgment for George Nikolopoulos in the sum of $80,000.' 'Judgment for John Georgopoulos in the sum of $60,000.' 'Judgment for Alex Pettas in the sum of $65,000.' 'Judgment for Tom Haralambidis in the sum of $60,000.' 'Judgment for Peter Mitrothanasis in the sum of $60,000.' 'Judgment for Bill Kategiannis in the...