Motyka v Gojan [2007] NSWSC 31

None of the impugned publications were published on occasions of common law qualified privilege, and even if they were, the defence would have been defeated by malice or irrelevance. The impugned matter conveyed serious and false allegations exceeding any purpose of communicating legitimate dispute within community organisations. Damages for hurt and reputational harm were appropriate in the sums awarded.

Parties: First Plaintiff: Wolodymyr Motyka; Second Plaintiff: Evdokia Ostrowskyj; First Defendant: Maria Gojan; Third Defendant: Michael Gojan
Jurisdiction: Australia
Judgment Date: 07 February 2007
Procedural Posture: Defamation / Judgment After Trial on Defences and Quantum
Outcome: Damages awarded to the plaintiffs against both defendants; all substantive defences rejected.
Legal Topics: Qualified Privilege, Malice, Damages

Defamation Qualified Privilege Malice Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2

Parties

Wolodymyr Motyka

First Plaintiff

Evdokia Ostrowskyj

Second Plaintiff

Maria Gojan

First Defendant

Michael Gojan

Third Defendant

Procedural Posture

Defamation / Judgment After Trial on Defences and Quantum

Legal Issues

1 Whether common law qualified privilege attaches to the impugned publications
2 Whether the defence was defeated by relevance or malice
3 What quantum of damages should be awarded

Ratio Decidendi

Court Disposition

Damages awarded to the plaintiffs against both defendants; all substantive defences rejected.

Orders

Damages of $120,000 awarded to Dr Motyka against both defendants.
Damages of $60,000 awarded to Mrs Ostrowskyj against both defendants.