Capilano Honey Ltd v Dowling (No 4)

[2021] NSWSC 264

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Defamation
2. › website and ancillary social media operated by defendant
3. › assertions that company with which second plaintiff closely associated selling “toxic honey”
4. › other assertions about second plaintiff directly
5. › all imputations made out
6. › no defences able to be relied upon
7. › tort established
8. › effect of implausible nature of statements on award of damages
9. › damages awarded
1. Injurious Falsehood
2. › written online statements that corporate first plaintiff selling “toxic honey”
3. › whether statements false
4. › whether statements malicious
5. › relevance of possibly sincere belief in truth of statements in determination of malice
6. › difficulty in assessing quantum of damages to civil onus and standard of proof
7. › damages awarded
1. Permanent Injunction
2. › whether defendant should be permanently restrained from repeating statements and making similar statements
3. › relevance of previous conduct of defendant in litigation