North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin [2014] NSWDC 125

North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin [2014] NSWDC 125

Because liability had been established by default judgment, the court assessed damages only. The publications conveyed very serious imputations, including child abuse, dishonesty, neglect and incompetence, to social media users and persons professionally connected with the plaintiffs; the defendant gave no apology or correction, persisted in the allegations, and his submissions aggravated the harm to the individual plaintiffs. The first plaintiff, being a not for profit corporation within s 9(2)(b) of the Defamation Act 2005 (NSW), was entitled to damages for vindication but not aggravated damages. The second and third plaintiffs were entitled to substantial general damages inclusive of...

Jurisdiction
Australia
Judgment Date
08 August 2014
Procedural Posture
Civil Defamation Proceedings / Assessment of Damages After Default Judgment
Outcome
Judgment for the plaintiffs on assessment of damages after default judgment.
Legal Topics
['facebook and Email Publications' 'default Judgment' 'assessment of Defamation Damages' 'aggravated Compensatory Damages' 'corporate Plaintiff Damages' 'child Abuse Imputations' 'unrepresented Defendant Failing to Appear']
['tort' 'defamation' 'practice and Procedure'] ['facebook and Email Publications' 'default Judgment' 'assessment of Defamation Damages' 'aggravated Compensatory Damages' 'corporate Plaintiff Damages' 'child Abuse Imputations' 'unrepresented Defendant Failing to Appear']

Case Brief

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Procedural Posture

Civil Defamation Proceedings / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 ['What damages should be awarded to the plaintiffs after default judgment for defamatory Facebook posts and emails.' 'Whether the first plaintiff, as a not for profit corporation, could recover damages for defamation.' 'Whether aggravated compensatory damages were available to the second and third plaintiffs.' "Whether the defendant's submissions mitigated or aggravated the damages." 'What effect should be given to the extent and seriousness of publications alleging dishonesty, neglect, incompetence and child abuse.']

Ratio Decidendi

Because liability had been established by default judgment, the court assessed damages only. The publications conveyed very serious imputations, including child abuse, dishonesty, neglect and incompetence, to social media users and persons professionally connected with the plaintiffs; the defendant gave no apology or correction, persisted in the allegations, and his submissions aggravated the harm to the individual plaintiffs. The first plaintiff, being a not for profit corporation within s 9(2)(b) of the Defamation Act 2005 (NSW), was entitled to damages for vindication but not aggravated damages. The second and third plaintiffs were entitled to substantial general damages inclusive of...

Court Disposition

Judgment for the plaintiffs on assessment of damages after default judgment.

Orders

  • ['Judgment for the first plaintiff for $50,000.' 'Judgment for the second plaintiff for $100,000.' 'Judgment for the third plaintiff for $100,000.' "Costs and interest reserved with liberty to apply on 7 days' notice." 'Exhibits retained for 28 days.']