Ben Simmons’ sister Olivia ordered to pay $550k to half-brother Sean Tribe over tweets

The sister of NBA star Ben Simmons has been ordered to pay a massive sum to her half-brother Sean Tribe, over a series of defamatory tweets.

NBA star Ben Simmons’ sister Olivia has been ordered to pay her half-brother Sean Tribe a whopping $550,000, five months after she posted a series of defamatory tweets.

Mr Tribe, 35, sued his sister for defamation in April after she took to Twitter to publish a series of false allegations he had sexually abused her as a child.

Mr Tribe strongly denied the allegations.

Ms Simmons, 29, who lives in Melbourne, later deleted the three tweets but not before they had been liked by her followers hundreds of times.

The Federal Court awarded Mr Tribe a default win on August 3 after Ms Simmons repeatedly failed to present a defence or turn up to court.

Federal Court Justice Michael Lee permanently restrained Ms Simmons from publishing any information claiming she was sexually molested by Mr Tribe or that Mr Tribe “was a liar because he denied he sexually molested Olivia”.

She must also pay Mr Tribe $550,000 in damages and legal costs.

“Given the very high level of subjective hurt, and the particular need for vindication in the circumstances of these publications, it seems to me that amount or anything less of $550,000 … in damages including aggravated damages would be insufficient,” Justice Lee said.

The court heard Mr Tribe has no intention of making Ms Simmons pay the hefty sum.

Ben Simmons, Sean Tribe and Olivia Simmons. Picture: Twitter

Mr Tribe was represented by defamation barrister Sue Chrysanthou SC and solicitor Rebekah Giles, who also represented former Attorney-General Christian Porter in his failed defamation proceedings against the ABC.

Ms Chrysanthou told the court Twitter had “a purpose of disseminating information like a virus”.

Mr Tribe manages his younger brother Ben Simmons and his illustrious career at the Philadelphia 76ers.

Ben and Olivia are half-siblings of Sean, with their mother Julie bringing four children from her previous marriage.

Olivia Simmons (front) with her brother Ben, half-brother Sean and their parents Julie and Dave. Picture: Twitter

In August, Justice Lee told the court he had given Ms Simmons numerous opportunities to defend herself, and forgave multiple breaches of procedure, including her posting another defamatory tweet after the proceedings had started.

Ms Simmons repeatedly asked for the court dates to be moved, to give her time to find legal representation.

In early July, in response to a pro bono request filed by Justice Lee, barrister Sheila Kaur-Bains took up Ms Simmons’ case and appeared in court for her.

Justice Lee again pushed the date for Ms Simmons to serve her defence and an affidavit by the end of July.

“If, for some reason, that doesn’t occur, I don’t propose to dismiss the interlocutory application; I will also make that returnable before me on 3 August because if, for some reason, there’s further default in relation to this now that the respondent has the benefit of legal representation if, for example, she didn’t make herself available … then my patience, if I may say (so, will have) come to an end,” he told the court in July.

At the next court date, on August 3, Ms Kaur-Bains told the court she had not yet received instructions from Ms Simmons due to her caring for her daughter, who had recently undergone brain surgery.

Justice Lee told the court Ms Simmons’ approach to the proceedings had been “inconsistent and unhelpful … even when the court gave her the benefit of pro bono legal representation”.

Ben Simmons with his sister Olivia.

In handing down his default judgment on August 3, Justice Lee offered his sympathies to Ms Simmons and her child however ordered Mr Tribe be awarded damages.

“Needless to say, the allegations made in the tweets were very serious and Mr Tribe is entitled to have his claim determined as soon as practicable,” he told the court.

“Although I extend sympathy to Ms Simmons as to the apparent illness of her child and any ill health she may be suffering, I am simply not satisfied, given what Ms Kaur-Bains has said this morning, that there is any prospect a further extension would be productive.”

Mr Tribe has always strongly denied the allegations, with he and the family releasing a statement in April, just hours after she posted the original tweet.

“We are deeply saddened by the false allegations made on Twitter this week by our daughter and sister Olivia Simmons, against her brother. As a family we are devastated that we even have to release this statement,” the family said.

“The allegations she made never happened. Her brother and the entire family deny them.

“Still, we do not understand why she would fabricate these allegations.”

The following is from lawyers for my family. pic.twitter.com/mdLhpVUsuD

— TRIBE (@seantribe) April 10, 2021