Foley v Radford [2008] NSWDC 167

Foley v Radford [2008] NSWDC 167

The defendant published several defamatory statements about the plaintiff, a solicitor, without sufficient basis for defences of truth or privilege. The defence of absolute privilege was not available as the primary purpose of publication was not exclusively the execution or administration of legal professional complaint procedures. The plaintiff was entitled to general, aggravated, and special damages, plus an injunction restraining further publication, and costs.

Jurisdiction
Australia
Judgment Date
14 April 2008
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff
Legal Topics
['defamation' 'absolute Privilege' 'justification' 'aggravated Compensatory Damages' 'injunction']
['tort'] ['defamation' 'absolute Privilege' 'justification' 'aggravated Compensatory Damages' 'injunction']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the publications were defamatory' 'Whether a defence of absolute privilege was available under Defamation Act 1974 (NSW) ss 7A, 17F, 17J, and 46A' 'Whether the defence of justification (truth) could be established' 'Assessment of damages and aggravated damages']

Ratio Decidendi

The defendant published several defamatory statements about the plaintiff, a solicitor, without sufficient basis for defences of truth or privilege. The defence of absolute privilege was not available as the primary purpose of publication was not exclusively the execution or administration of legal professional complaint procedures. The plaintiff was entitled to general, aggravated, and special damages, plus an injunction restraining further publication, and costs.

Court Disposition

Judgment for plaintiff

Orders

  • ['Defendant to pay plaintiff $90,000 plus interest of $4,950, total $94,950' "Defendant to pay plaintiff's costs of the proceedings" 'Defendant, his servants or agents, restrained from publishing or further publishing or permitting or causing to be published against the plaintiff the words appearing in the documents...