STOLTENBERG V BOLTON; LODER V BOLTON [2020] NSWCA 45 (20 MARCH 2020) (MACFARLAN JA AT [1], GLEESON JA AT [2], BRERETON JA AT [250])
The New South Wales Court of Appeal dismissed an appeal in respect of a first instance decision of the Supreme Court that found a series of posts and comments about the former Mayor of the Narrabri Shire Council made on a Facebook page were defamatory.
The trial judge found that a comment endorsing a defamatory post was sufficient to attract liability as a secondary publisher of the defamatory post.
On Appeal, the court agreed that the principles of secondary publication are well established, and refused leave to appeal.
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