Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45

Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45

The Court found that the trial judge did not err in admitting evidence on publication and correctly inferred, based on direct and circumstantial evidence (including Facebook 'reach', 'likes', admissions, and witness statements), that the posts were published to numerous third parties, including persons outside Narrabri Shire. The trial judge was also correct in concluding that the posts conveyed the pleaded imputations and that neither the defence of common law nor statutory qualified privilege was established because publication was excessive and unreasonable in the circumstances. Ms Loder was properly found liable as a secondary publisher due to her specific comment endorsing a...

Parties
Appellant: Stephen Robert Stoltenberg; Applicant: Ann Loder; Respondent / Cross Applicant: Conrad Moran Bolton
Jurisdiction
Australia
Judgment Date
20 March 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal and applications for leave to appeal and cross-appeal dismissed
Legal Topics
Publication on Social Media, Proof of Publication, Defamatory Imputations, Common Law Qualified Privilege, Statutory Qualified Privilege, Secondary Publication, Damages
Defamation Civil Procedure Publication on Social Media Proof of Publication Defamatory Imputations Common Law Qualified Privilege Statutory Qualified Privilege Secondary Publication +1 more

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Parties

Stephen Robert Stoltenberg

Appellant

Ann Loder

Applicant

Conrad Moran Bolton

Respondent / Cross Applicant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether evidence outside the particularised case was erroneously admitted to prove publication
  2. 2 Whether Mr Bolton's wife was acting on his behalf in downloading posts
  3. 3 Whether answers to interrogatories were admissions as to extent of publication

Ratio Decidendi

The Court found that the trial judge did not err in admitting evidence on publication and correctly inferred, based on direct and circumstantial evidence (including Facebook 'reach', 'likes', admissions, and witness statements), that the posts were published to numerous third parties, including persons outside Narrabri Shire. The trial judge was also correct in concluding that the posts conveyed the pleaded imputations and that neither the defence of common law nor statutory qualified privilege was established because publication was excessive and unreasonable in the circumstances. Ms Loder was properly found liable as a secondary publisher due to her specific comment endorsing a...

Court Disposition

Appeal and applications for leave to appeal and cross-appeal dismissed

Orders

  • 2018/334329: Appeal dismissed.
  • Appellant to pay the respondent's costs.