Understanding what makes a successful defamation case can help business owners recognise when they have viable legal claims and what evidence courts require to award substantial damages. It is important to remember that the laws for defamation regarding businesses are different to those for ordinary people. This article explains how defamation for businesses works.
Doak v Birks [2022] NSWDC 625 – The Bull Breeder Defamation Case
What Happened: Trevor Doak operated a bull-riding business. After a 12-year-old was thrown from one of his bulls (a common rodeo occurrence), defendant Birks posted on Facebook naming Doak and urging others to “give him a peace of your mind.” The post attracted 200+ comments calling Doak and his bulls “kid killers.”
The Impact:
- Lost all ABCRA contracts (previously 10+ per year)
- Forced to relocate business to Queensland
- Community members approached him asking not to “kill kids”
- Substantial financial losses from damaged reputation
Court Decision: Awarded $283,358.79 in damages
Key Lesson: Social media posts can destroy business relationships and force operational changes, providing clear evidence of serious harm in defamation proceedings.
Dean v Puleio [2021] VCC 848 – The Professional’s Reputation Defamation Case
What Happened: After Dr. Dean (a Melbourne periodontist) stopped treating a difficult patient, Puleio posted multiple false Google reviews claiming Dean was unprofessional, bullied patients, overcharged, and failed to diagnose conditions. One review was viewed approximately 100,000 times.
The Impact:
- Measurable decline in website traffic
- Reduced patient appointments
- Damaged professional reputation
- Quantifiable financial losses
Court Decision: Awarded $170,000 in damages
Key Lesson: Online reviews containing false factual claims (not just opinions) can constitute serious defamation, particularly with high view counts demonstrating widespread publication.
Failed Claims: When Defamation Cases Don’t Succeed
Understanding unsuccessful defamation litigation helps identify what evidence courts require and what approaches fail to meet legal standards.
Scott v Bodley [2022] NSWDC 459 – The Painter’s Problem Defamation Case
What Happened: After completing allegedly poor-quality painting work, customer Bodley posted a negative Facebook review with photos criticizing the workmanship and value.
Scott’s Claims:
- Business returns had declined
- Fewer clients were calling
- General reputation damage
Why It Failed: Scott couldn’t prove any of these claims with concrete evidence. The court found no serious harm because he relied on speculation rather than documentation.
Court Decision: Claim dismissed
Key Lesson: General assertions about potential damage aren’t sufficient for successful defamation cases – you need measurable evidence of actual harm.
What Distinguishes Success from Failure in Defamation Litigation
Successful Defamation Cases Had:
- Documented financial losses through lost contracts and reduced business
- Measurable impacts on operations and relationships
- False factual claims (not just negative opinions)
- Evidence of wide publication and community reaction
Failed Defamation Cases Lacked:
- Concrete evidence of actual damage
- Financial documentation showing real losses
- Proof of publication impact beyond speculation
Critical Success Factors in Modern Defamation Law
The “Serious Harm” Test
The 2023 amendments require plaintiffs in defamation proceedings to prove serious harm with evidence, not assumptions. Courts want to see:
- Bank records showing reduced income
- Lost contracts or business opportunities
- Measurable drops in customers or website traffic
- Evidence of widespread community impact
Evidence Requirements
What Works in Defamation Cases:
- Screenshots of defamatory content and its reach
- Financial records showing before and after comparisons
- Correspondence about lost business opportunities
- Witness statements about reputational damage
What Doesn’t Work:
- “I think my business has suffered”
- General claims without supporting evidence
- Speculation about future potential harm
Practical Lessons for Business Protection
For Business Owners
Before Problems Arise:
- Keep detailed business records to establish baselines
- Monitor online mentions and reviews regularly
- Document normal business operations and relationships
When Facing Defamation:
- Act quickly, you have only 12 months to sue
- Screenshot everything immediately
- Gather financial evidence of actual impact
- Consider whether direct resolution might work first
For Content Publishers
Stay Safe By:
- Sticking to factual personal observations
- Avoiding false claims about others’ conduct or character
- Understanding that sharing defamatory content equals republishing it
- Considering the potential reach and impact of your posts
If You Receive a Concerns Notice:
- Respond promptly and professionally
- Consider whether an Offer of Amends might resolve matters
- Seek legal advice about available defences
- Remember that truth provides absolute protection
The Bottom Line on Defamation Litigation
NSW defamation law now provides real remedies for genuine victims who can prove serious harm, but it filters out speculative or trivial claims. The key lies in evidence – courts want concrete proof of damage, not assumptions about potential harm.
Whether you’re considering pursuing a defamation case or defending against claims, the message remains clear: document everything, act quickly, and focus on measurable impacts rather than general assertions about reputation damage.
These cases demonstrate that defamation law works effectively when properly applied with solid evidence, but fails when based on speculation or inadequate proof.
Don’t Let Your Defamation Case End Like Scott’s
Three cases. Two massive wins totaling over $450,000. One complete failure.
What separated the winners from the loser? The right legal approach and proper evidence gathering from the start.
If someone has published false statements about your business, you’re facing the same choice these plaintiffs faced. Act strategically with professional guidance, or risk joining the failed cases that courts dismiss.
At Citilawyers, we help you build the foundation for successful defamation litigation:
- Document serious harm with court-ready evidence
- Develop comprehensive case strategies before you file
- Navigate settlement negotiations and court proceedings
- Maximize your chances of substantial damage awards
The Scott case shows what happens when you go alone. The Doak and Dean cases show what’s possible with proper legal representation.
Your reputation deserves protection. Your case deserves professional handling. Contact Citilawyers today and give your defamation claim the best chance of success.
