17 May 2023
Court found on the balance of probabilities that Browne did not make a false statement and Tulloch did not make a false statement to police or in his written statement; neither defendant acted maliciously or recklessly so as to defeat qualified privilege; accordingly the injurious falsehood claim failed and the defendants are entitled to costs.
29 Aug 2022
The Instagram post was reasonably understood to impute criminal conduct (drug dealing and money laundering) to the plaintiff, was published by the defendant to others, the defendant failed to justify the statements and acted maliciously; the plaintiff proved reputational and financial harm entitling him to a declaration and general damages of NZD 170,000; punitive damages were not warranted beyond that award.
5 Nov 2014
The court found all elements of malicious prosecution established: Ms Milner fabricated texts and encouraged the complaint, thereby procuring the prosecution; the proceedings terminated without incrimination; she lacked reasonable and probable cause and acted maliciously; plaintiff suffered compensable loss from 17 days incarceration and related harms; award made of $45,000 compensatory and $10,000 exemplary damages, plus costs to plaintiff on a 2B basis.