Nicholas Polias v Tobin Ryall [2014] NSWSC 1692

Nicholas Polias v Tobin Ryall [2014] NSWSC 1692

The defendants published defamatory statements imputing that the plaintiff was a thief; the only defence pleaded was substantial truth, which the defendants failed to prove; accordingly, the plaintiff is entitled to compensatory and aggravated damages against each defendant.

Parties
Plaintiff: Nicholas Polias; First Defendant: Tobin Ryall; Second Defendant: Andy Hun Wei Lee; Third Defendant: Sandy Jan; Fourth Defendant: Rhys Gould
Jurisdiction
Australia
Judgment Date
28 November 2014
Procedural Posture
Civil / Principal Judgment After Full Trial
Outcome
Judgment for the plaintiff
Legal Topics
Allegation of Theft, Substantial Truth, Damages, Aggravated Damages
Defamation Allegation of Theft Substantial Truth Damages Aggravated Damages

Case Brief

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Parties

Nicholas Polias

Plaintiff

Tobin Ryall

First Defendant

Andy Hun Wei Lee

Second Defendant

Sandy Jan

Third Defendant

Rhys Gould

Fourth Defendant

Procedural Posture

Civil / Principal Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants published defamatory material concerning the plaintiff
  2. 2 Whether the imputations conveyed were substantially true under the Defamation Act 2005
  3. 3 Whether the plaintiff was entitled to damages and aggravated damages for defamation

Ratio Decidendi

The defendants published defamatory statements imputing that the plaintiff was a thief; the only defence pleaded was substantial truth, which the defendants failed to prove; accordingly, the plaintiff is entitled to compensatory and aggravated damages against each defendant.

Court Disposition

Judgment for the plaintiff

Orders

  • First defendant to pay plaintiff $125,000 in damages
  • Second defendant to pay plaintiff $130,000 in damages