Higgins and Ors v Sinclair [2011] NSWSC 163 (18 March 2011)


DEFAMATION – misleading and deceptive conduct – publications on internet and by email – defamatory statements concerning individual Plaintiffs – defence of substantial truth – defence not established – assessment of damages for defamation – claim by corporate Plaintiff for relief under Fair Trading Act 1987 – whether representations misleading and deceptive – whether made in trade or commerce – whether injunctive and declaratory relief appropriate