In a decision of interest to defamation practitioners, NSW MP Alexander Greenwich has succeeded in defamation proceedings against NSW Legislative Council Member Mark Latham.
The proceedings concerned events leading up to the 2023 NSW State Election. In response to a statement made by Mr Greenwich, an openly gay man, to the Sydney Morning Herald, Mr Latham published a homophobic remark on Twitter. Following the tweet, Mr Greenwich was subjected to an “utterly hateful torrent of abuse” which had a profound personal impact.
Mr Greenwich sued on the tweet on the basis that it carried the imputation that (a) he “engages in disgusting sexual activities; and (b) he “is not a fit and proper person to be a member of the NSW Parliament because he engages in disgusting sexual activities”. The Court held that the first imputation was conveyed, but the second was not. The Court also held the tweet was defamatory because “the literal meaning of the tweet is that [Mr Greenwich] engages in disgusting sexual activities.”
Defences of honest opinion, public interest and common law qualified privilege failed.
The Court awarded Mr Greenwich $100,000 in damages for non-economic loss, and an additional $40,000 in aggravated damages.
Sophie Jeliba, led by Matt Collins KC, appeared for Mr Greenwich, on instructions from Dowson Turco Lawyers.
