French v Fraser (No 3) [2015] NSWSC 1807

French v Fraser (No 3) [2015] NSWSC 1807

The three matters complained of conveyed entirely false and serious imputations of incompetence, bullying, dishonesty and corruption against the plaintiff, causing significant lasting damage to his reputation and immense hurt to feelings in the professional community where his reputation mattered most. Although damages could not compensate for non-actionable aspects of the broader harassment campaign, the defendant's improper and unjustifiable conduct, including the abandoned plea of truth, aggravated the hurt caused by the publications. A verdict for damages, including aggravated damages, in the sum of $300,000 was appropriate to vindicate the plaintiff's reputation while maintaining a...

Jurisdiction
Australia
Judgment Date
04 December 2015
Procedural Posture
Defamation Proceedings for Damages / Assessment of Damages After the Defendant Consented to Judgment on Liability and Abandoned the Defence of Truth
Outcome
Verdict in favour of the plaintiff for damages, including aggravated damages, in the sum of $300,000.
Legal Topics
['assessment of Damages' 'aggravated Damages' 'internet Publications' 'damage to Reputation' 'hurt to Feelings' 'vindication']
['defamation Law'] ['assessment of Damages' 'aggravated Damages' 'internet Publications' 'damage to Reputation' 'hurt to Feelings' 'vindication']

Case Brief

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Procedural Posture

Defamation Proceedings for Damages / Assessment of Damages After the Defendant Consented to Judgment on Liability and Abandoned the Defence of Truth

Legal Issues

  1. 1 ['What amount of damages, including aggravated damages, should be awarded for the three defamatory publications.' "Whether and how the defendant's broader course of harassment and conduct in the proceedings aggravated the hurt caused by the defamatory publications." 'How to ensure an appropriate and rational relationship between the harm sustained by the plaintiff and the amount of damages awarded.']

Ratio Decidendi

The three matters complained of conveyed entirely false and serious imputations of incompetence, bullying, dishonesty and corruption against the plaintiff, causing significant lasting damage to his reputation and immense hurt to feelings in the professional community where his reputation mattered most. Although damages could not compensate for non-actionable aspects of the broader harassment campaign, the defendant's improper and unjustifiable conduct, including the abandoned plea of truth, aggravated the hurt caused by the publications. A verdict for damages, including aggravated damages, in the sum of $300,000 was appropriate to vindicate the plaintiff's reputation while maintaining a...

Court Disposition

Verdict in favour of the plaintiff for damages, including aggravated damages, in the sum of $300,000.

Orders

  • ['Judgment entered for the plaintiff in the sum of $300,000.']