Al Muderis v Duncan (No 3) [2017] NSWSC 726 deals with an assessment of damages in respect of the vilification of the claimant (an orthopaedic surgeon) by a former patient and others. The defendants did not appear at the hearing.

The publications took the form of text and videos on a website and other internet platforms.

Rothman J at [64] noted that  in some sense Dr Al Muderis was “the perfect plaintiff” in a defamation proceeding. He is involved in charity, works for the Australian Defence Forces, gives of his time and money for persons who are less fortunate and has put Australia at the leading edge of medical technology.

Damages were assessed in the sum of $320,000 and $160,000 plus interest. An  order was foreshadowed such that the defendants may be subject to imprisonment or to sequestration of property if they perform acts or engage in conduct restrained by the terms of the judgment (including restraints from applying for or utilising any website or social media address that contains the name of the plaintiff).

 

 

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