Capilano Honey Ltd v Dowling (No 4) [2021] NSWSC 264

Capilano Honey Ltd v Dowling (No 4) [2021] NSWSC 264

The defendant published material on multiple online platforms containing serious defamatory imputations against Dr McKee and false, malicious statements about Capilano’s products, causing reputational and business harm. The statements were found to be false and motivated in part by animus towards a third party. The elements of defamation and injurious falsehood were established, no sustainable defence was pleaded or proven, and damages were awarded accordingly. Permanent injunction orders were granted given the defendant’s pattern of disregard for court orders.

Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for plaintiffs; damages and permanent injunction granted; costs reserved.
Legal Topics
['defamation Via Social Media' 'injurious Falsehood' 'permanent Injunction' 'damages Assessment']
['defamation' 'torts'] ['defamation Via Social Media' 'injurious Falsehood' 'permanent Injunction' 'damages Assessment']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether online publications were defamatory of Dr McKee' 'Whether online publications constituted injurious falsehood against Capilano' 'Whether damages should be awarded' 'Whether permanent restraining orders should be granted']

Ratio Decidendi

The defendant published material on multiple online platforms containing serious defamatory imputations against Dr McKee and false, malicious statements about Capilano’s products, causing reputational and business harm. The statements were found to be false and motivated in part by animus towards a third party. The elements of defamation and injurious falsehood were established, no sustainable defence was pleaded or proven, and damages were awarded accordingly. Permanent injunction orders were granted given the defendant’s pattern of disregard for court orders.

Court Disposition

Judgment for plaintiffs; damages and permanent injunction granted; costs reserved.

Orders

  • ['Judgment for plaintiffs.' 'Damages award of $25,000 to first plaintiff (Hive and Wellness Australia Pty Ltd).' 'Damages award of $150,000 to second plaintiff (Dr Ben McKee).' 'Defendant permanently restrained from publishing the specified eleven articles and any substantially similar matter regarding the...