Anna
Established Member
- Joined
- Jan 17, 2005
- Posts
- 3,345
The simple case could be argued that anat0l did not specify Australian high court judges, nor did he specify current high court judges.
The legal flaw in that argument is that it's not what s/he intended to refer to that matters. It is how the words are interpreted that matters, and it is a perfectly reasonable interpretation for a plaintiff to allege that the comment was referring to Australian High Court judges.
And sure, I agree, all the living former High Court judges could sue as well as the current ones without increasing the class size beyond what is legally acceptable.
Presumably the owner of this website is aware that as publisher, s/he/it can also be sued for publishing defamatory comments, not just the actual author of the comments.