Category:
Principal judgment
Parties:
2017/219519:
Dylan Voller (Plaintiff)
Nationwide News Pty Ltd (Defendant)
2017/219538:
Dylan Voller (Plaintiff)
Fairfax Media Publications Pty Ltd (Defendant)
2017/219556:
Dylan Voller (Plaintiff)
Australian News Channel Pty Ltd (Defendant)
Representation:
Counsel:
T Molomby SC/L Goodchild (Plaintiff)
J Hmelnitsky SC/M Lewis (Defendants)
Solicitors:
O’Brien Solicitors (Plaintiff)
Banki Haddock Fiora Lawyers (Defendants)
File Number(s):
2017/219519; 2017/219538; 2017/219556
JUDGMENT
1
HIS HONOUR: The Court is required to deal with a question that has been
separated to be answered prior to the remainder of the proceedings, if there be
any. Essentially, each of the corporate defendants maintains a public
Facebook page upon which it invites contributions from members of the public,
who have a Facebook account.
2
It is alleged that some of those contributions are defamatory of the plaintiff and
the preliminary question involves whether the defendant in each case is liable
for the postings that are made by members of the public (also referred to in
these reasons as “third-party users” or “commentators”) onto its public
Facebook page. Each of the corporate defendants is a media organisation and
is in the business of disseminating material to the public by electronic or other
means, or both.
3
When the hearing before the Court, as presently constituted, commenced (or
immediately, prior thereto), it became clear that while the Court had previously