Graham v Powell (No 4) [2014] NSWSC 1319

Graham v Powell (No 4) [2014] NSWSC 1319

In light of the persistent, vicious, and irrational publication of defamatory material by the defendant, serious harm to the plaintiff's reputation and feelings, and absence of any effective defence, an award of $80,000 in damages (including aggravated damages) is appropriate and rationally related to the harm suffered. Permanent injunctions are justified to restrain the defendant from republishing the defamatory allegations.

Parties
Plaintiff: Richard David Graham; Defendant: Allan William Powell
Jurisdiction
Australia
Judgment Date
26 September 2014
Procedural Posture
Defamation / Assessment of Damages and Application for Permanent Injunctions Following Default Judgment
Outcome
Judgment for the plaintiff; damages awarded; permanent injunctions granted; defendant to pay costs.
Legal Topics
Assessment of Damages, Permanent Injunctions, Aggravated Damages, Default Judgment
Defamation Assessment of Damages Permanent Injunctions Aggravated Damages Default Judgment

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Parties

Richard David Graham

Plaintiff

Allan William Powell

Defendant

Procedural Posture

Defamation / Assessment of Damages and Application for Permanent Injunctions Following Default Judgment

Legal Issues

  1. 1 Appropriate assessment of damages for defamation after entry of default judgment
  2. 2 Whether permanent injunctions should be granted restraining further publication

Ratio Decidendi

In light of the persistent, vicious, and irrational publication of defamatory material by the defendant, serious harm to the plaintiff's reputation and feelings, and absence of any effective defence, an award of $80,000 in damages (including aggravated damages) is appropriate and rationally related to the harm suffered. Permanent injunctions are justified to restrain the defendant from republishing the defamatory allegations.

Court Disposition

Judgment for the plaintiff; damages awarded; permanent injunctions granted; defendant to pay costs.

Orders

  • Judgment for the plaintiff in the sum of $80,000.
  • Defendant permanently restrained from publishing the nine matters complained of, or matters substantially to the same effect, on the world wide web or otherwise.