Donna and Miguel Baluskas to pay Tracey Brose’s costs following defamation case

Two parents sued for defamation by a high school principal over Facebook comments in a case that gripped the state for months, have been dealt another financial blow after failing in their latest attempt.

Two parents sued for defamation by a high school principal will have to pay her lawyers costs.

Tamborine High principal Tracey Brose launched defamation proceedings against Donna and Miguel Baluskas after they made disparaging remarks about her on Facebook.

In February 2020 District Court Judge Catherine Muir found in favour of Ms Brose awarding her $6000 from the Baluskas’.

Earlier that month, before handing down her decision, Judge Muir had dismissed an application from the Baluskas’ seeking Ms Brose and her lawyers to pay their costs and $500,000 in damages.

Instead Judge Muir ordered the Baluskas to pay Ms Brose’s lawyers costs.

Tamborine Mountain High School defamation case decision being handed down in Southport Court. Tracey Brose leaves court after the verdict. Pics Adam Head

The Baluskas filed an application with the Court of Appeal seeking an extension of time in which to appeal Judge Muir’s costs order.

Ms Brose took no part in the proceeding.

In a decision handed down on Tuesday Justice Walter Sofronoff dismissed the application.

Under the law a party appealing only costs to the Court of Appeal must first have leave of the judge who made the order or another District Court judge.

Donna Baluskas is a Tamborine State High School parent being sued for defamation appears in court in Southport. Pics Adam Head

Miguel Baluskas. Photographer: Liam Kidston.

Justice Sofronoff said the application “was always doomed to fail”.

“The applicants did not have leave of (Judge) Muir or any other District Court judge to appeal,” he said.

“The Court of Appeal has no power to grant leave in such a case.”

Originally published as Donna and Miguel Baluskas to pay Tracey Brose’s costs following defamation case