NSW Caselaw
New South Wales District Court
CITATION: PK v BV (No 2) [2008] NSWDC 297 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 8 and 9 December 2008
JUDGMENT DATE: 9 December 2008
JURISDICTION: Civil
JUDGMENT OF: Gibson DCJ
(1) Judgment for the first plaintiff for $50,000.00. (2) Judgment for the second plaintiff for $50,000.00. DECISION: (3) Defendant pay plaintiffs' costs. (4) The plaintiffs' solicitors are to serve a copy of this judgment on the defendant within seven days, and thereafter have leave to bring in short minutes of order containing either a mathematically agreed interest calculation upon the damages of $100,000.00 in total, or, in the absence of agreement, such figure as the plaintiffs propose. (5) Liberty to restore in relation to the calculation of interest and any application to vary the costs order in order 3 above. (6) Exhibits retained for 28 days.
CATCHWORDS: DEFAMATION - assessment of damages - slanders published to two person - principles relevant to limited publications - evidence - aggravated compensatory damages - impact of hopeless plea of justification - plaintiffs' children taunted at school - award of $50,000 to each of the plaintiffs
LEGISLATION CITED: Defamation Act 1974 (NSW), s 46A Defamation Act 2005 (NSW), ss 8 and 34
Ali v Nationwide News Pty Ltd [2008] NSWCA 183 Andrews v John Fairfax & Sons Ltd [1980] 2 NSWLR 225 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Clark v Ainsworth (Supreme Court of New South Wales, 27 June 1996, Levine J, unreported) Crampton v Nugawela (1996) 41 NSWLR 176 David Syme and Co Ltd v Mather [1977] VR 516 Hennessy v Lynch (No. 3) [2007] NSWDC 268 Herald & Weekly Times Ltd v McGregor (1928) 41 CLR 254 CASES CITED: John Fairfax & Sons Ltd v Kelly (1987) 8 NSWLR 131 Jones v Sutton (2004) 61 NSWLR 614 Jones v Sutton (No 2) [2005] NSWCA 203 Martin v Bruce [2007] NSWDC 264 PK v BV [2008] NSWDC 292 Rigby v Mirror Newspapers (1963) 64 SR (NSW) 34 Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327 Trantum v McDowell [2007] NSWCA 138 Zarth v Williamson [2006] NSWCA 246
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