Retired Senator Linda Reynolds has won her blockbuster defamation case against Brittany Higgins and her husband David Sharaz, with the Supreme Court of Western Australia awarding her more than $340,000 in damages.
Ms Higgins, an ex-Liberal staffer, and her now-husband, David Sharaz, were sued for defamation by her former boss, Reynolds, over a series of social media posts that the ex-Defence Minister correctly believed damaged her reputation.
The long-awaited judgment was handed down on Wednesday in Western Australia‘s Supreme Court by Justice Paul Tottle who found that all three of the social media posts Reynolds complained about were defamatory.
However, Ms Higgins lodged a successful defence of honest opinion for one of the posts.
He awarded Reynolds $315,000 in damages, plus an extra $26,109.25 in interest payments.
The ruling is likely to have massive financial implications for Ms Higgins and her husband Mr Sharaz, as the couple now faces not only having to pay the sizeable damages bill, but also covering Reynolds’ legal costs.
The total bill is likely to to be well in excess of $1 million.
Retired Senator Linda Reynolds (pictured) has won her blockbuster defamation case against Brittany Higgins and her husband David Sharaz, with the Supreme Court of Western Australia awarding her more than $340,000 in damages
The ruling is likely to have massive financial implications for Ms Higgins and Mr Sharaz (both pictured), as the couple now faces not only having to pay the sizeable damages bill but also covering Reynolds’ legal costs. The total bill is likely to run into seven figures
‘The defendant and Mr David Sharaz published a tweet on 27 January 2022, which contained two imputations,’ Justice Tottle said in his judgement.
‘First, that the plaintiff had pressured the defendant not to proceed with a genuine complaint of sexual assault. And second, that the plaintiff is a hypocrite in her advocacy of gender equality and female empowerment.
‘Both imputations were defamatory The defendant has not established her defence of truth or any of her other defences.
‘Damages, including aggravated damages, in the sum of $135,000 will be awarded.’
A second Instagram post published by Ms Higgins on 4 July 2023, which conveyed the imputations that Reynolds had engagement in a campaign of harassment against her, that she had mishandled the allegation of rape and engaged in questionable conduct during Bruce Lehrmann’s trial, was also found to be defamatory.
Justice Tottle awarded damages worth $180,000 to Reynolds for that post.
A third post, in which Ms Higgins posted tweets on 20 July 2023 which conveyed the imputation that Reynolds wanted to silence the victims of sexual assault was also found to be defamatory.
Ms Higgins and her now-husband David Sharaz now face a mammoth legal bill
However, Justice Tottle said that Ms Higgins was able to establish a successful defence of honest opinion, fair comment and qualified privilege.
Ms Reynolds, who was in court for the judgement being delivered, said it was a ‘great relief’.
‘There was no conspiracy and no political cover-up of a rape,’ she said.
‘This was never about Ms Higgins’ allegation of rape and it was also never about the money.
‘It was always about the dishonest and devastating attack on my reputation that was based on very curated lies by Ms Higgins, Mr Sharaz and the well documented co-conspirators with them.’
Ms Higgins, who was not in court to hear the result, told news.com.au she accepted the judgement an now wanted to ‘rebuild’ her life.
‘I was 24 years old when I was sexually assaulted in Parliament House. Six years have passed — years marked by challenge, scrutiny and change,’ she said.
‘I accept that Linda Reynolds’ feelings were hurt by these events and I am sorry for that. I wish her well for the future.
‘Thank you to the Australian public for their compassion and understanding throughout this journey.
More to come.
