Ollis v Jenman & Anor [2008] NSWSC 67

Ollis v Jenman & Anor [2008] NSWSC 67

The court found that substantial truth and contextual truth were established for most imputations concerning fraud and dishonesty, except (d), (e), (g), and (h), which were not justified. Imputation (g) (arranging for criminals to visit critics) and (d) (forcing tenants to live in atrocious conditions) were found to be serious and unjustified, causing damage to reputation. Accordingly, the court awarded the plaintiff $20,000 in damages primarily due to imputation (g), with no aggravated damages awarded.

Parties
Plaintiff: Victor Warren Ollis; Defendant: Neil Alfred Jenman; Defendant: The Neil Jenman Group Pty Limited
Jurisdiction
Australia
Judgment Date
15 February 2008
Procedural Posture
Defamation / Verdict
Outcome
Verdict for plaintiff
Legal Topics
Defamation, Contextual Truth, Justification, Damages
Tort Law Defamation Contextual Truth Justification Damages

Case Brief

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Parties

Victor Warren Ollis

Plaintiff

Neil Alfred Jenman

Defendant

The Neil Jenman Group Pty Limited

Defendant

Procedural Posture

Defamation / Verdict

Legal Issues

  1. 1 Whether the matter published was defamatory of the plaintiff
  2. 2 Whether the imputations are substantially true
  3. 3 Whether contextual truth applies under s 16 of the Defamation Act 1974

Ratio Decidendi

The court found that substantial truth and contextual truth were established for most imputations concerning fraud and dishonesty, except (d), (e), (g), and (h), which were not justified. Imputation (g) (arranging for criminals to visit critics) and (d) (forcing tenants to live in atrocious conditions) were found to be serious and unjustified, causing damage to reputation. Accordingly, the court awarded the plaintiff $20,000 in damages primarily due to imputation (g), with no aggravated damages awarded.

Court Disposition

Verdict for plaintiff

Orders

  • Plaintiff awarded $20,000 in damages
  • Costs stood over for argument