Capilano Honey Ltd v Dowling (No 4) [2021] NSWSC 264

“My product is not toxic. That’s defamatory!”

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A honey-making Co and its CEO kicked off injurious falsehood and defamation proceedings.

They wanted damages and orders restraining the D from making further publications.

The Ps complained about D saying:
- The Ps’ honey was toxic: [14]
- The Ps conspired with the judiciary and a consumer advocate magazine: [15], [20]
- There exists a “sex tape” showing the CEO discussing a sex act performed with an employee: [16]

The publications were made on the D’s website, Facebook and Twitter: [59]

The defendant put no evidence before the Court that the honey was indeed “toxic” or harmful: [11], [149]

The D (who was not represented by lawyers) did not raise usual defences, including truth, and indeed made a number of admissions in their defence: [53]

Working through the publication-identification-reputation matrix, the Court found the CEO had been defamed awarding $150K in damages: [135], [142]

The Co’s claim was in injurious falsehood, not defamation, meaning the Co had to prove the falsity of what was said: [146]

The Co did so, and proved malice, obtaining a “cautious” $25K in damages: [164]

The orders restraining further publication were made.