In a significant legal ruling for a Perth local government figure, City of Canning Mayor Patrick Hall has emerged victorious from a defamation battle, securing a substantial $250,000 in damages. The Supreme Court of Western Australia found that a local ratepayer, Gary John Elphick, published seriously defamatory statements about the mayor on Facebook.
The Defamatory Facebook Posts and Legal Action
The case centred on two Facebook posts published by Elphick in a community group in October 2022. Justice Marcus Solomon found the posts carried a series of false and damaging imputations about Mayor Hall. These included accusations that the mayor was corrupt, had abused his position for personal gain, and was unfit for public office.
Justice Solomon delivered his judgment on Friday, 17 May 2024, after the matter proceeded to a trial on the issue of damages. The court heard that Elphick failed to file a defence, leading to judgment being entered against him by default in March of the previous year. The subsequent hearing focused solely on determining the appropriate level of compensation for the harm caused to Mayor Hall's reputation.
Court Findings and Assessment of Damage
In his detailed reasoning, Justice Solomon condemned the nature of the publications. He described the Facebook posts as a "gratuitous and sustained public attack" on Mayor Hall's character. The judge emphasised the serious impact of such allegations on a person in public life, noting they attacked the very foundation of his role as an elected official.
The court considered the reach of the defamation, which occurred in a local community forum, and the gravity of the accusations. Justice Solomon stated the posts were calculated to cause maximum damage to Mayor Hall's standing in the Canning community. After evaluating the evidence, he determined that an award of $250,000 in damages was necessary to vindicate the mayor's reputation and compensate for the personal distress and injury to his feelings.
Implications and Aftermath of the Ruling
This ruling sends a clear message about the legal consequences of making unsubstantiated allegations on social media, particularly against elected representatives. The case highlights that online comments in community groups are subject to the same defamation laws as traditional media.
For Mayor Patrick Hall, the judgment represents a formal legal vindication after what he described as a challenging period. The substantial damages award reflects the court's view of the severity of the defamation. The case also serves as a precedent within the context of Western Australian local government, underscoring the personal and professional risks public figures face from social media attacks.
The legal process has now concluded with this damages ruling, bringing an end to the defamation proceedings initiated by the Canning mayor. The outcome reinforces the responsibility of individuals when posting content online, even in seemingly informal digital spaces.
