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conducted and sought aggravated damages accordingly. Taking everything into
account Sifris J awarded the husband plaintiff $5,000 by way of compensatory
damages and the wife (who had been accused of robbing the dead by taking
money and papers from the deceased’s pockets – a defamation which His
Honour regarded as “particularly serious”) was awarded $10,000 which sum
included an unspecified amount for aggravated damages.
47. To provide a broader picture for the 2011 year the largest recorded award of
damages was $150,000 was in the matter of Nowark v Putland 51 where the
plaintiff was allegedly called a “paedophile” and a “wog” while at a Surf Live
Saving Club. However, on appeal 52
the judgment was overturned and the
matter was sent back for a retrial before a different judge with the Court of
Appeal exhorting the parties to consider whether some other form of settlement
could occur under the ancient legal maxim: enough is enough. The average in
New South Wales 2011 was $71,286 with the two largest recorded awards
being $100,000 each 53 .
48. As mentioned earlier in the paper the late Mr Frank Hardy suffered the indignity
of being arrested and charged with criminal defamation. His grand daughter Ms
Marieke Hardy was recently involved in a defamation action concerning Mr
Johua Meggitt. Ms Hardy had been the subject of what she described as a hate
blog against her. Regrettably, on 9 November 2011 she incorrectly identified
Mr Meggitt as the man responsible for writing the blog under the nom de guerre
of James Vincent McKenzie. That matter settled for a reported $13,000 with
Ms Hardy, clearly the victim of defamation herself, having to pay Mr Meggitt
51 Queensland District Court at Southport delivered 8 November 2011
52 Putland v Nowak [2012] QCA 121 – judgment delivered 11 May 2012
53 www.justinian.com.au/bloggers/hateful-blogging.html
Gary Hevey
Gordon & Jackson
9225 8075 9225 7333