Leech v Green & Gold Energy Pty Ltd and Anor [2011] NSWSC 999
Upon default judgment for defamation, and on the evidence available regarding harm and aggravation, compensatory damages of $25,000 and aggravated damages of $5,000 are just, resulting in a total damages award of $30,000 plus costs.
- Jurisdiction
- Australia
- Judgment Date
- 31 August 2011
- Procedural Posture
- Defamation Action / Assessment of Damages Following Default Judgment
- Outcome
- Judgment for plaintiff; damages and costs awarded.
- Legal Topics
- ['damages Assessment' 'default Judgment' 'publication on Internet' 'aggravated Damages']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Defamation Action / Assessment of Damages Following Default Judgment
Legal Issues
- 1 ['Whether the published online statements were defamatory of the plaintiff' 'Assessment of compensatory and aggravated damages in defamation following default judgment' 'Consideration of injury to reputation and feelings as a result of defamatory imputations']
Ratio Decidendi
Upon default judgment for defamation, and on the evidence available regarding harm and aggravation, compensatory damages of $25,000 and aggravated damages of $5,000 are just, resulting in a total damages award of $30,000 plus costs.
Court Disposition
Judgment for plaintiff; damages and costs awarded.
Orders
- ["The defendants to pay the plaintiff's damages in the amount of $30,000." "The defendants to pay the plaintiff's costs."]
Full Case Text
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