Recent Cases

Eppinga v Kalil [2023] NSWCA 287 (01 December 2023) (Payne, Kirk and Stern JJA)


Catchwords:


DEFAMATION – defamatory matter – capacity to convey pleaded imputations

DEFAMATION – online publication – Facebook post – extent of publication – where proof of publication to only two online readers – relevance to damages

DEFAMATION – defences – common law qualified privilege –reply to online attack – where parties agreed matter complained of was published on occasion of privilege and was sufficiently connected to the occasion of privilege – malice – where witness and contemporaneous documents demonstrated publisher’s state of mind – whether appellant discharged burden of proving malice