MARKOVIC v WHITE [2004] NSWSC 37

MARKOVIC v WHITE [2004] NSWSC 37

Given the plaintiff's strong professional reputation and the grave defamatory imputations conveyed by the defendant's emails, as well as the aggravating conduct of the defendant in acting with malice and failing to apologise, damages including aggravated compensatory damages were appropriate and rationally related to the harm suffered.

Jurisdiction
Australia
Judgment Date
11 February 2004
Procedural Posture
Defamation / Assessment of Damages After Default Judgment
Outcome
Judgment for the plaintiff in the sum of $232,800.
Legal Topics
['assessment of Damages' 'defamatory Imputations' 'aggravated Damages' 'failure to Apologise']
['defamation'] ['assessment of Damages' 'defamatory Imputations' 'aggravated Damages' 'failure to Apologise']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 ['Whether the emails contained defamatory imputation against the plaintiff' 'Assessment of damages for defamation in light of aggravated circumstances including malice and lack of apology']

Ratio Decidendi

Given the plaintiff's strong professional reputation and the grave defamatory imputations conveyed by the defendant's emails, as well as the aggravating conduct of the defendant in acting with malice and failing to apologise, damages including aggravated compensatory damages were appropriate and rationally related to the harm suffered.

Court Disposition

Judgment for the plaintiff in the sum of $232,800.

Orders

  • ['Judgment for the plaintiff in the sum of $232,800.' "The defendant is to pay the plaintiff's costs." 'The exhibits are to be retained.']