AMALGAMATED TELEVISION SERVICES PTY. LTD. v. MARSDEN (NO. 2) [2003] NSWCA 186

AMALGAMATED TELEVISION SERVICES PTY. LTD. v. MARSDEN (NO. 2) [2003] NSWCA 186

Because compensatory damages, including aggravated damages, had to be reassessed on a new trial, the Court should not have fixed exemplary damages before knowing whether the compensatory award was sufficient punishment; accordingly the prior assessment of $200,000 exemplary damages was withdrawn, though the holding that the Witness programme entitled the respondent to exemplary damages remained. The appropriate course was new trials as to damages, including compensatory, aggravated and exemplary damages and interest, without tying the new trial judge to Levine J's ordinary compensatory damages assessment or directing that Levine J hear or not hear the retrial. Costs were determined by a...

Jurisdiction
Australia
Judgment Date
09 July 2003
Procedural Posture
Appeal and Cross Appeal in Defamation Proceedings / Court of Appeal Determination of Further Submissions on New Trials as to Damages, Exemplary Damages and Costs After Reasons Published on 24 December 2002
Outcome
Order as to rate of interest, verdicts and costs orders made on 27 June 2001 set aside; new trials as to damages ordered; appeal and cross-appeal otherwise dismissed.
Legal Topics
['compensatory Damages' 'aggravated Compensatory Damages' 'exemplary Damages' 'new Trial as to Damages' 're Opening Reasons Before Orders Entered' 'interest' 'indemnity Costs' 'mediation']
['defamation' 'damages' 'civil Procedure' 'costs'] ['compensatory Damages' 'aggravated Compensatory Damages' 'exemplary Damages' 'new Trial as to Damages' 're Opening Reasons Before Orders Entered' 'interest' 'indemnity Costs' 'mediation']

Case Brief

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Procedural Posture

Appeal and Cross Appeal in Defamation Proceedings / Court of Appeal Determination of Further Submissions on New Trials as to Damages, Exemplary Damages and Costs After Reasons Published on 24 December 2002

Legal Issues

  1. 1 ['Whether the Court should re-open its reasons in relation to the award of exemplary damages of $200,000 and whether that award should stand.' 'What the nature and extent of the new trial in relation to damages should be.' 'Whether the new trial should be remitted to Levine J or left to the internal arrangements of the Common Law Division.' 'What orders should be made as to costs of the appeal, cross-appeal and trial.' "Whether the Court should entertain the respondent's applications for payment of money on account of costs and referral to mediation."]

Ratio Decidendi

Because compensatory damages, including aggravated damages, had to be reassessed on a new trial, the Court should not have fixed exemplary damages before knowing whether the compensatory award was sufficient punishment; accordingly the prior assessment of $200,000 exemplary damages was withdrawn, though the holding that the Witness programme entitled the respondent to exemplary damages remained. The appropriate course was new trials as to damages, including compensatory, aggravated and exemplary damages and interest, without tying the new trial judge to Levine J's ordinary compensatory damages assessment or directing that Levine J hear or not hear the retrial. Costs were determined by a...

Court Disposition

Order as to rate of interest, verdicts and costs orders made on 27 June 2001 set aside; new trials as to damages ordered; appeal and cross-appeal otherwise dismissed.

Orders

  • ['Set aside the order as to the rate of interest, the verdicts for $309,165.25 and $275,698.63 and the orders for costs made on 27 June 2001.' 'Order that there be new trials as to damages.' 'Appeal and cross-appeal otherwise dismissed.' 'Order that the new trials be expedited.' 'Order that the testimony of any...