Milne v Ell [2017] NSWSC 555

Milne v Ell [2017] NSWSC 555

The defendant's statement that the plaintiff was 'not a fit and proper person to be a councillor' was a statement of fact (not comment or opinion), was defamatory, sufficiently specific, and published both to a journalist and republished in the Gold Coast Bulletin, for which the defendant was liable. The defences of fair comment/honest opinion did not apply. Damages of $45,000 were awarded to the plaintiff.

Jurisdiction
Australia
Judgment Date
08 May 2017
Procedural Posture
Defamation / Judgment
Outcome
Judgment for the plaintiff. Damages awarded.
Legal Topics
['defamatory Imputation' 'republication Liability' 'damages Assessment' 'fair Comment/honest Opinion Defence']
['tort' 'defamation'] ['defamatory Imputation' 'republication Liability' 'damages Assessment' 'fair Comment/honest Opinion Defence']

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Procedural Posture

Defamation / Judgment

Legal Issues

  1. 1 ["Whether the defendant's statement that the plaintiff is 'not a fit and proper person to be a councillor' is defamatory" 'Whether the defendant is liable for republication of the statement in the Gold Coast Bulletin' 'Whether the defence of fair comment/honest opinion applies to the impugned statement']

Ratio Decidendi

The defendant's statement that the plaintiff was 'not a fit and proper person to be a councillor' was a statement of fact (not comment or opinion), was defamatory, sufficiently specific, and published both to a journalist and republished in the Gold Coast Bulletin, for which the defendant was liable. The defences of fair comment/honest opinion did not apply. Damages of $45,000 were awarded to the plaintiff.

Court Disposition

Judgment for the plaintiff. Damages awarded.

Orders

  • ['Judgment for the plaintiff in an amount of $45,000.' "The defendant shall pay the plaintiff's costs of and incidental to the proceedings, as agreed or assessed." 'Liberty reserved for application for any different or special order as to costs within seven days by submission (max three pages) and supporting...