Mannoun v Ristevski [2024] NSWDC 564

The plaintiff failed to discharge the onus of proving that the publication (a comment on a Facebook group with limited readership and evidence of brief impact) caused or was likely to cause serious harm to reputation as required by s 10A of the Defamation Act 2005 (NSW); the claim was struck out and dismissed.

Parties: Plaintiff: Ned Mannoun; Defendant: Peter Ristevski
Jurisdiction: Australia
Judgment Date: 29 November 2024
Procedural Posture: Defamation / Serious Harm Determination; Final Judgment
Outcome: Plaintiff's claim struck out and dismissed; plaintiff to pay defendant's costs, with liberty to apply.
Legal Topics: Serious Harm Threshold, Publication, Reputation, Social Media, Grapevine Effect

Tort Defamation Serious Harm Threshold Publication Reputation Social Media Grapevine Effect

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Parties

Ned Mannoun

Plaintiff

Peter Ristevski

Defendant

Procedural Posture

Defamation / Serious Harm Determination; Final Judgment

Legal Issues

1 Whether the publication of defamatory matter caused or was likely to cause serious harm to the plaintiff's reputation pursuant to s 10A of the Defamation Act 2005 (NSW)

Ratio Decidendi

Court Disposition

Plaintiff's claim struck out and dismissed; plaintiff to pay defendant's costs, with liberty to apply.

Orders

Pursuant to s 10A of the Defamation Act 2005 (NSW), the plaintiff's statement of claim is struck out and dismissed.
Plaintiff pay defendant's costs, with liberty to apply.