So I did some more research into this case. It appears that there wasn't an actual back and forth between the plaintiff and the defendant in this case. There was merely a default judgement because the defendant didn't show up in court to defend himself. I wouldn't call that a "win".
Here is the linked in post from Liz Fong-Jones' lawyer Toby Mullen, who himself admits that the case he "won" is, quote, "undefended", thus essentially admitting he just got lucky because the defendant didn't show up:
Liz Fong-Jones responds saying:
So, the only reason Liz Fong-Jones has "won" this case was because Vincent was too busy playing Dota2 on Steam with Null and the Russians to bother getting a lawyer to defend himself. I don't consider that an actual win, Liz Fong-Jones just got lucky that the defendant in this case was "too busy playing Dota2" (read: fucking retarded) to defend himself. Vincent clearly has no idea how the legal system works, and apparently thinks that a judge can just decide on his own whether to throw out a case or not, with no input needed or allowed from the defendant. If that was the case, no one would ever need a defense lawyer, judges would just read motions and decide on their own whether to grant whatever the plaintiff is asking. You, as a defendant, get sued in order to go in court and tell your side of the story to convince the judge otherwise. Even if a case is very obviously spurious and bad faith, you still have to go to court and tell the judge the freaking obvious. It fucking sucks but that's the legal system.
In other words, there was no actual arguments being made in court in this case, there was only a default judgement being issued, essentially punishing Vincent for being too retarded to show up in court. We can only hope that Null's 先生 takes some time of from playing Dota2 to file a timely appeal.
In fact, the article that was published about his case in The Guardian admits as much, that the actual legal argument made by Liz Fong-Jones in this case remains unaddressed because Vincent didn't defend himself:
Here is the linked in post from Liz Fong-Jones' lawyer Toby Mullen, who himself admits that the case he "won" is, quote, "undefended", thus essentially admitting he just got lucky because the defendant didn't show up:
Toby Mullen
Barrister at Victorian Bar
Defamation damages: Yesterday, the Supreme Court of Victoria awarded our client $445,000 (including aggravated damages and interest) and indemnity costs, for the widespread publication of a vile, abusive, transphobic defamatory thread on an internet discussion forum on the Kiwi Farms website.
While undefended, the case was still both legally challenging and interesting – it involved a successful freezing order application, the novel application of principles from Webb v Bloch and Voller (based primarily on the use of IP Blocks to direct internet traffic to the forum), serious harm where the matter was downloaded inside and outside of Australia, and the new damages provisions. More importantly, it was a great outcome for our client, which hopefully goes some way to addressing the immense harm she has suffered over the past 13 months.
Unfortunately, there are no reasons concerning the freezing order or liability (as it was a default judgment). However, I’ve attached the damages reasons. Thanks to my very capable instructor, Tyler Wolff, for the instructions. Happy to discuss the case further with anyone interested.
Liz Fong-Jones responds saying:
Liz Fong-Jones
(She/Her)
• out of network3rd+
Field CTO @ honeycomb.io
23h
I'm incredibly grateful for the work that you and Tyler Wolff put in over the past year or so, and hopeful that perhaps now there will be some accountability for those who think they can harass and defame while using hosting resources in Australia.
So, the only reason Liz Fong-Jones has "won" this case was because Vincent was too busy playing Dota2 on Steam with Null and the Russians to bother getting a lawyer to defend himself. I don't consider that an actual win, Liz Fong-Jones just got lucky that the defendant in this case was "too busy playing Dota2" (read: fucking retarded) to defend himself. Vincent clearly has no idea how the legal system works, and apparently thinks that a judge can just decide on his own whether to throw out a case or not, with no input needed or allowed from the defendant. If that was the case, no one would ever need a defense lawyer, judges would just read motions and decide on their own whether to grant whatever the plaintiff is asking. You, as a defendant, get sued in order to go in court and tell your side of the story to convince the judge otherwise. Even if a case is very obviously spurious and bad faith, you still have to go to court and tell the judge the freaking obvious. It fucking sucks but that's the legal system.
In other words, there was no actual arguments being made in court in this case, there was only a default judgement being issued, essentially punishing Vincent for being too retarded to show up in court. We can only hope that Null's 先生 takes some time of from playing Dota2 to file a timely appeal.
In fact, the article that was published about his case in The Guardian admits as much, that the actual legal argument made by Liz Fong-Jones in this case remains unaddressed because Vincent didn't defend himself:
Liz Fong-Jones, a longtime crusader against the site, brought the action over what she asserted in court documents was an “abusive, transphobic, defamatory” thread targeting her on the forum since August last year.
In hundreds of posts, the Kiwi Farm’s users discussed information about her work, her partner and her family. They shared “vile and baseless” allegations that she was a rapist and a liar and that she had molested and threatened subordinates, which the judge found caused serious harm to her “very good” reputation.
Messages were sent to work colleagues and posted under her employer’s online videos.
In September 2022, a picnic with supporters she hosted in Sydney’s Hyde Park was surreptitiously photographed and pictures of participants were posted on the forum too.
Run by Joshua Moon, one of Kiwi Farms’s main activities is the sustained exposure of people the site deems worthy of derision – as the site describes it, “lolcows” that are “milked” for entertainment.
The case claimed that a Brisbane-based company, Flow Chemical, and its sole director, Vincent Zhen, were “instrumental” to its publication and for keeping it accessible, even though they were not the authors of the defamatory Kiwi Farms thread.
Because the matter was undefended, an interlocutory judgment was made against Flow Chemical and Zhen in July and Fong-Jones was awarded damages of $445,000 plus costs this week.
...
Both Zhen and the company were found to have attempted to avoid service and did not accept a reasonable settlement offer, according to the judgment, and ultimately did not defend the case.
Holding the owner of IP addresses liable for defamation reaches deep into the infrastructure of the internet and is a disputed area of law. But David Rolph, a defamation expert at the University of Sydney law school, said that because the case was undefended, arguments about whether it constituted “publication” by this form of internet intermediary remained unsettled.
...
Zhen did not respond to a request for comment.
https://www.theguardian.com/society...silence-the-notorious-online-forum-kiwi-farms
Archive: https://archive.ph/tatiE