Jones v Jackson (No 2) [2023] NSWDC 410

Jones v Jackson (No 2) [2023] NSWDC 410

The plaintiff failed to establish, on evidence, that the defendant’s publication caused or was likely to cause serious harm to his reputation; publication was limited to a small group who did not think worse of him and there was no evidence of the grapevine effect or incident affecting reputation or career, so proceedings were dismissed.

Jurisdiction
Australia
Judgment Date
06 October 2023
Procedural Posture
Civil / Serious Harm Preliminary Ruling
Outcome
Proceedings struck out and dismissed; plaintiff to pay defendant's costs; exhibits retained until further order.
Legal Topics
['defamation—serious Harm' 'imputations' 'causation' 'social Media Publication']
['tort' 'defamation'] ['defamation—serious Harm' 'imputations' 'causation' 'social Media Publication']

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

Procedural Posture

Civil / Serious Harm Preliminary Ruling

Legal Issues

  1. 1 ["Whether publication of the defendant's Facebook comment caused or was likely to cause serious harm to the plaintiff's reputation as required by s 10A of the Defamation Act 2005 (NSW)."]

Ratio Decidendi

The plaintiff failed to establish, on evidence, that the defendant’s publication caused or was likely to cause serious harm to his reputation; publication was limited to a small group who did not think worse of him and there was no evidence of the grapevine effect or incident affecting reputation or career, so proceedings were dismissed.

Court Disposition

Proceedings struck out and dismissed; plaintiff to pay defendant's costs; exhibits retained until further order.

Orders

  • ['Pursuant to s 10A of the Defamation Act 2005 (NSW), by reason of the plaintiff having failed to establish serious harm, these proceedings are struck out and dismissed.' "The plaintiff is to pay the defendant's costs, with liberty to apply." 'Exhibits retained until further order.']