A Federal Court judge has dismissed an appeal against a judgement which ordered New South Wales MP Mark Latham to pay $140,000 to independent MP Alex Greenwich over a homophobic tweet in 2023.
Mr Latham had appealed the determination that he had defamed Mr Greenwich, and the openly gay MP cross-appealed to increase the penalty.
Justice Michael Wheelahan dismissed both appeals, and directed the parties to confer on costs and return to court on June 17.
“In this matter, the court has determined to dismiss the appeal and to dismiss the cross appeal,” Justice Wheelahan told the court.
The original determination was made in 2024, after Mr Greenwich commenced defamation proceedings.
Justice David O’Callaghan found the tweet, and further comments made by Mr Latham to the Daily Telegraph newspaper, defamed Mr Greenwich, painting him as someone who engaged in “disgusting sexual activities”.
Mark Latham was found to have defamed Mr Greenwich in comments on social media. (ABC News: Jamie McKinnell)
Justice O’Callaghan had ordered Mr Latham pay Mr Greenwich $100,000 for non-economic loss, and a further $40,000 in aggravated damages.
After reviewing the appeals from both sides, Justice Wheelahan determined those orders should remain in place.
Mr Greenwich said the outcome marked the end of a “tough few years”.
“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,” he said in a statement.
“Today, justice prevailed: his appeal has been dismissed and the judgement in my favour upheld.“
Mr Greenwich was also awarded a further $100,000 in April after the NSW Civil and Administrative Tribunal found Mr Latham unlawfully sexually vilified and sexually harassed him in the same tweet.
Mr Latham has been contacted for comment.
