Coffee and a Case Note

Capilano Honey Ltd v Dowling (No 4) [2021] NSWSC 264


Listen Later

“My product is not toxic. That’s defamatory!”


___

A honey-making Co and its CEO kicked off injurious falsehood and defamation proceedings.


They wanted damages and orders restraining the D from making further publications.

The Ps complained about D saying:
- The Ps’ honey was toxic: [14]
- The Ps conspired with the judiciary and a consumer advocate magazine: [15], [20]
- There exists a “sex tape” showing the CEO discussing a sex act performed with an employee: [16]

The publications were made on the D’s website, Facebook and Twitter: [59]

The defendant put no evidence before the Court that the honey was indeed “toxic” or harmful: [11], [149]

The D (who was not represented by lawyers) did not raise usual defences, including truth, and indeed made a number of admissions in their defence: [53]

Working through the publication-identification-reputation matrix, the Court found the CEO had been defamed awarding $150K in damages: [135], [142]

The Co’s claim was in injurious falsehood, not defamation, meaning the Co had to prove the falsity of what was said: [146]

The Co did so, and proved malice, obtaining a “cautious” $25K in damages: [164]

The orders restraining further publication were made.

...more
View all episodesView all episodes
Download on the App Store

Coffee and a Case NoteBy James d'Apice

  • 5
  • 5
  • 5
  • 5
  • 5

5

2 ratings


More shows like Coffee and a Case Note

View all
Newshour by BBC World Service

Newshour

1,067 Listeners

Law Report by ABC Australia

Law Report

21 Listeners

Conversations by ABC Australia

Conversations

897 Listeners

All In The Mind by ABC Australia

All In The Mind

759 Listeners

The Economy, Stupid by ABC Australia

The Economy, Stupid

29 Listeners

Politics Now by ABC Australia

Politics Now

91 Listeners

NAB Morning Call by Phil Dobbie

NAB Morning Call

20 Listeners

Lawyers Weekly Podcast Network by Momentum Media

Lawyers Weekly Podcast Network

1 Listeners

If You're Listening by ABC Australia

If You're Listening

351 Listeners

FT News Briefing by Financial Times

FT News Briefing

684 Listeners

The Story of Money by Financial Times

The Story of Money

232 Listeners

Full Story by The Guardian

Full Story

183 Listeners

15 Minutes with the Boss by The Australian Financial Review

15 Minutes with the Boss

10 Listeners

Chanticleer by Australian Financial Review

Chanticleer

22 Listeners

The Fin by Australian Financial Review

The Fin

20 Listeners