David Sharaz, the husband of former political staffer Brittany Higgins, has been ordered by the Western Australian Supreme Court to pay $92,000 in damages for a defamatory tweet against former defence minister Linda Reynolds. The court also found Sharaz jointly liable for a separate defamatory tweet to which Higgins responded, bringing the total payout to $135,000 plus interest, as previously ordered against Higgins in August.
Justice Paul Tottle ruled that Sharaz must also cover Reynolds' legal costs on an indemnity basis, which are expected to exceed $500,000. The judge noted that the defamatory publications were indefensible and that a settlement or apology should have been offered. He found no reason to make an indemnity costs order unjust.
On Wednesday, Higgins' legal team filed an appeal against the August order requiring her to pay $341,000 and 80% of Reynolds' legal costs. The court had earlier ruled that Reynolds' reputation was damaged by Higgins' response to Sharaz's tweet, though a third defamatory post was successfully defended as honest opinion and fair comment.
The court also rejected Reynolds' claim that Higgins and Sharaz conspired to publicly release details of Higgins' alleged rape with the sole purpose of destroying Reynolds' reputation. The damages awarded against Higgins included $315,000 plus $26,109.25 in interest, with additional costs ordered earlier this month.
