PK v BV (No 2) [2008] NSWDC 297

PK v BV (No 2) [2008] NSWDC 297

Although the defamatory publications were limited to two oral publications to two persons and no formal grapevine effect was pleaded, the imputations were very serious, the plaintiffs suffered severe hurt to feelings, and aggravating features of a very high degree were present. These included the hopeless and struck-out defence of truth, the falsity of the allegations, the absence of a genuine apology, and the exceptional impact on the plaintiffs' children through repetition and taunting at school. Those factors justified placing damages at the top of the appropriate range for such limited publications, resulting in an award of $50,000.00 to each plaintiff.

Jurisdiction
Australia
Judgment Date
09 December 2008
Procedural Posture
Civil Defamation Action for Damages for Slander / Assessment of Damages After the Defendant's Pleaded Defences Were Struck Out and the Defendant Failed to Appear
Outcome
Judgment for the first plaintiff for $50,000.00 and for the second plaintiff for $50,000.00, with the defendant to pay the plaintiffs' costs.
Legal Topics
['assessment of Damages' 'slander' 'limited Publication' 'aggravated Compensatory Damages' 'defence of Truth' 'failure to Apologise' 'grapevine Effect' 'costs and Interest']
['defamation Law' 'civil Procedure'] ['assessment of Damages' 'slander' 'limited Publication' 'aggravated Compensatory Damages' 'defence of Truth' 'failure to Apologise' 'grapevine Effect' 'costs and Interest']

Case Brief

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Procedural Posture

Civil Defamation Action for Damages for Slander / Assessment of Damages After the Defendant's Pleaded Defences Were Struck Out and the Defendant Failed to Appear

Legal Issues

  1. 1 ['What damages should be awarded for two limited oral defamatory publications to two persons.' "Whether aggravated compensatory damages were warranted by the defendant's conduct, including the hopeless defence of truth, falsity of the allegations, failure to make a genuine apology, and the effect on the plaintiffs' children." 'What weight should be given to the limited extent of publication and the absence of a pleaded grapevine effect.']

Ratio Decidendi

Although the defamatory publications were limited to two oral publications to two persons and no formal grapevine effect was pleaded, the imputations were very serious, the plaintiffs suffered severe hurt to feelings, and aggravating features of a very high degree were present. These included the hopeless and struck-out defence of truth, the falsity of the allegations, the absence of a genuine apology, and the exceptional impact on the plaintiffs' children through repetition and taunting at school. Those factors justified placing damages at the top of the appropriate range for such limited publications, resulting in an award of $50,000.00 to each plaintiff.

Court Disposition

Judgment for the first plaintiff for $50,000.00 and for the second plaintiff for $50,000.00, with the defendant to pay the plaintiffs' costs.

Orders

  • ['Judgment for the first plaintiff for $50,000.00.' 'Judgment for the second plaintiff for $50,000.00.' "Defendant pay plaintiffs' costs." "The plaintiffs' solicitors are to serve a copy of this judgment on the defendant within seven days, and thereafter have leave to bring in short minutes of order containing...