In a decision in November,Federal Court Justice Richard White rejected Mr Bazzi’s defences of honest opinion and fair comment on a matter of public interest,and said the comment was “no doubt a serious defamation”.
But he also noted the tweet “was not published in any mainstream media and was published to a relatively small number of people”.
Mr Dutton’s case resulted in a relatively small damages award,falling well short of the maximum of $432,500 that could have been awarded.
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In orders on December 8,Justice White declined to order Mr Bazzi to pay all of Mr Dutton’s legal costs and said the case could have been brought in a lower-level court such as the Queensland Magistrates Court,where legal costs are lower.
He ordered Mr Bazzi to pay Mr Dutton’s legal costs “on the scale appropriate to an action brought in the Queensland Magistrates Court”,meaning Mr Dutton is on the hook for a significant amount of his own costs.
Mr Bazzi’s lawyers,Sydney firm O’Brien Criminal&Civil Solicitors,said in a statement on Monday that they had filed a notice of appeal in the Federal Court.