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サマリー
あらすじ・解説
CASE: Smith v Kenneth [2016] QCA 267
For people familiar with the best Aussie movie of all time - 'The Castle' - you will know that for a lawyer, being called "Dennis Denuto" is most definitely not a compliment.
That is what happened in this case. Solicitor Brett Smith was acting in a family law dispute. The husband on the other side, on several occasions, referred to him as "Dennis Denuto".
Brett took extreme offence and made a claim for damages for defamation.
The judge determined that the insult was defamatory, but that the public awareness of the insult was largely Brett's fault.
Before the defamation proceedings, 3 adults knew of the insult. After the proceedings and all the media attention it garnered.... let's say the proceedings did more damage than the insults did.