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

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

The Court held that the judge was entitled to award $80,000 for non-pecuniary loss (including distress and loss of reputation) singly against the appellant, without further mathematical discount for other publications, and that the total award of $146,000 should not be disturbed, as no error in principle was identified.

Jurisdiction
Australia
Judgment Date
06 May 1985
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['defamation' 'damages' 'newspaper Publication' 'apportionment of Damages' 'qualified Privilege']
['defamation' 'tort Law'] ['defamation' 'damages' 'newspaper Publication' 'apportionment of Damages' 'qualified Privilege']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Calculation and apportionment of damages for non-pecuniary loss against one defendant in defamation' 'Whether proper allowance was made for similar libels published in other newspapers at the same time' 'Role of correction and apology in aggravation of damages']

Ratio Decidendi

The Court held that the judge was entitled to award $80,000 for non-pecuniary loss (including distress and loss of reputation) singly against the appellant, without further mathematical discount for other publications, and that the total award of $146,000 should not be disturbed, as no error in principle was identified.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal."]