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High Court rejects Mark Latham appeal over Greenwich defamation action

The High Court has rejected New South Wales politician Mark Latham’s special leave application seeking to overturn a ruling that he defamed independent Sydney MP Alex Greenwich.

A court previously found that Latham had defamed fellow MP Alex Greenwich in a social media post in 2023. At the time, Latham was the leader of One Nation in New South Wales. He later left the party following a falling out with party founder Senator Pauline Hanson.

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NSW MP Mark Latham.

In the original statement of claim, Greenwich said Latham had portrayed him as “not a fit and proper person” by alleging he “engages in disgusting sexual activities”.

Latham’s lawyers argued that the post, which OUTinPerth has chosen not to republish, was a response to an interview in which Greenwich had referred to him as a “disgusting human being”.

The court found Latham had defamed Greenwich. On appeal, the court upheld the original decision, rejecting Latham’s defences of honest opinion and qualified privilege and finding his comments went beyond political commentary. Latham subsequently appealed the decision and was unsuccessful.

The High Court has now declined to review the matter. Latham will be required to pay $140,000 in damages and meet a substantial portion of Greenwich’s legal costs, which were previously anticipated to exceed $500,000.

Separate to the defamation finding, Latham has also been found to have vilified and sexually harassed Greenwich, resulting in damages of $100,000.

NSW MP Aallex Greenwich.

Commenting on the High Court’s decision, Greenwich said he was grateful.

“I’m relieved and grateful for today’s decision by the High Court to reject Mr Latham’s application for special leave to appeal.

“More than three years ago, Mr Latham defamed me in a sexually aggressive social media post that subjected me to an avalanche of homophobic hate.

“Mr Latham has repeatedly refused to take responsibility for his actions, instead pursuing appeals through the courts.”

Greenwich said he had taken action not only for himself, but also for the wider community.

“I took this legal action not only to stand up for myself and protect my reputation, but also to stand up for the LGBTQ community and help lift the standards of public discourse in my profession. No one should have to endure the kind of abuse I experienced, particularly from someone holding public office.

“These have been incredibly difficult years, and I am deeply grateful for the unwavering support of my family, friends, colleagues, staff, mental health professionals, and especially my legal team.

“At a time when politics is too often dominated by division, hostility and personal attacks, this outcome sends an important message.”

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