Mirror Newspapers Ltd v. Jools, I.N. [1985] FCA 181

JUDGMENT No. ............7

CATCHWORDS

DAMAGES - defamation - libel published in three newspapers - calculation of damages against one defendant - whether apportionment of damages for non-pecuniary loss was, or ought to

have been made.

Defamation Act 1974 (N.S.W.) ss.13, 46, 48.

MIRROR NEWSPAPERS LIMITED v. IRVING NICO JOOLS

No. ACT G329 of 1984

FOX, GALLOP and SPENDER JJ.

CANBERRA

6 MAY 1985

nes SS,

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY No. ACT G329 of 1984

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GENERAL DIVISION

ON APPEAL from the Supreme Court of the Australian Capital Territory

BETWEEN : MIRROR NEWSPAPERS LIMITED

Appellant /Cross-Respondent

AND:

IRVING NICO JOOLS

Respondent/Cross-Appellant

MINUTE OF ORDER

CORAM: FOX, GALLOP and SPENDER JJ. DATE OF ORDER: 6 MAY 1985 WHERE MADE: CANBERRA.

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN_THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY No. ACT G329 of 1984 DISTRICT REGISTRY

GENERAL DIVISION

ON APPEAL from the Supreme Court of the Australian Capital Territory

BETWEEN : MIRROR NEWSPAPERS LIMITED

Appellant /Cross-Respondent

AND:

IRVING NICO JOOLS

Respondent /Cross-Appellant

CORAM: FOX, GALLOP and SPENDER JJ. DATE: 6 MAY 1985

REASONS FOR JUDGMENT

FOX J.

This is an appeal from a judaqment of the Supreme Court of the Australian Capital Territory (Kelly J.) in which damages

for defamation were awarded to the respondent against the

appellant. Although a ground of appeal raised the question whether the appellant could rely on a defence of qualified privilege, this ground, whatever it may have encompassed, has been abandoned, and the case as it has proceeded before us has

concerned damages only.