Ivory v Howard [2024] FCA 1416

Ivory v Howard [2024] FCA 1416

An award of damages in the amount of $75,000 is appropriate to console, repair, and vindicate the applicant's reputation, with an increase for aggravated damages due to the respondent's persistent defamatory conduct, failure to retract or apologize, and improper engagement with proceedings. Interest, permanent restraint on publication, removal of posts, and indemnity costs are justified by the respondent's conduct.

Parties
Applicant: Sheree Ivory; Respondent: Susan Howard
Jurisdiction
Australia
Judgment Date
10 December 2024
Procedural Posture
Defamation / Assessment of Damages Following Judgment Entered Against Respondent
Outcome
Judgment for applicant with damages, interest, injunctions, removal orders, and costs
Legal Topics
Damages Assessment, Aggravated Damages, Online Publications, Permanent Injunction, Costs
Defamation Damages Assessment Aggravated Damages Online Publications Permanent Injunction Costs

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 5 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sheree Ivory

Applicant

Susan Howard

Respondent

Procedural Posture

Defamation / Assessment of Damages Following Judgment Entered Against Respondent

Legal Issues

  1. 1 Assessment of damages for defamatory online publications
  2. 2 Whether aggravated damages are appropriate
  3. 3 Reputation harm and vindication

Ratio Decidendi

An award of damages in the amount of $75,000 is appropriate to console, repair, and vindicate the applicant's reputation, with an increase for aggravated damages due to the respondent's persistent defamatory conduct, failure to retract or apologize, and improper engagement with proceedings. Interest, permanent restraint on publication, removal of posts, and indemnity costs are justified by the respondent's conduct.

Court Disposition

Judgment for applicant with damages, interest, injunctions, removal orders, and costs

Orders

  • The respondent pay to the applicant the sum of $75,000.00 within 28 days.
  • The respondent pay interest on the judgment sum at 5% from 21 September 2023 until date of judgment.