Ritson v Burns [2014] NSWSC 272

Ritson v Burns [2014] NSWSC 272

The words spoken by the defendant conveyed the serious defamatory imputation that the plaintiff was a criminal, which was highly defamatory of a former police officer, but publication was confined to one person. The award had principally to console the plaintiff for significant hurt to feelings, with some vindication of reputation, and to include a measure of aggravation because the plaintiff knew the defendant had been informed that the imputation was false and because the defendant's response to the claim intensified the hurt. In all the circumstances, damages of $7,500 plus $150 interest were appropriate, with ordinary costs but not indemnity costs.

Jurisdiction
Australia
Judgment Date
20 March 2014
Procedural Posture
Defamation Action / Assessment of Damages Following Default Judgment
Outcome
Judgment for the plaintiff in the sum of $7,650 including interest.
Legal Topics
['damages' 'aggravated Damages' 'hurt to Feelings' 'harm to Reputation' 'interest' 'costs']
['defamation'] ['damages' 'aggravated Damages' 'hurt to Feelings' 'harm to Reputation' 'interest' 'costs']

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Procedural Posture

Defamation Action / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 ['What damages should be awarded for the defamatory statement that the plaintiff was a criminal, published to one person.' "Whether damages should include a measure of aggravation arising from the defendant's knowledge of falsity and failure to apologise." 'Whether interest should be awarded on the damages sum.' 'Whether costs should be awarded on an indemnity basis under s 40(2) of the Defamation Act 2005.']

Ratio Decidendi

The words spoken by the defendant conveyed the serious defamatory imputation that the plaintiff was a criminal, which was highly defamatory of a former police officer, but publication was confined to one person. The award had principally to console the plaintiff for significant hurt to feelings, with some vindication of reputation, and to include a measure of aggravation because the plaintiff knew the defendant had been informed that the imputation was false and because the defendant's response to the claim intensified the hurt. In all the circumstances, damages of $7,500 plus $150 interest were appropriate, with ordinary costs but not indemnity costs.

Court Disposition

Judgment for the plaintiff in the sum of $7,650 including interest.

Orders

  • ["The plaintiff's damages are assessed in the sum of $7,500." 'Judgment be entered for the plaintiff in the sum of $7,650 including interest in the sum of $150.' "The defendant pay the plaintiff's costs of the claim pleaded in paragraphs 23AA to 24 and 26 of the further amended statement of claim as agreed or...