LEONORAH BOULTER v. CHRISTOPHER COMPTON STANLEY

LEONORAH BOULTER v. CHRISTOPHER COMPTON STANLEY

The court found the statements defamatory and, on uncontradicted evidence of persistent publishing of falsehoods, absence of retraction or apology and continued belligerent conduct by the defendant, awarded $30,000 general damages and $150,000 aggravated damages (total $180,000), with interest at judgment rate from the date of the writ and costs of the assessment to the plaintiff.

Citation
LEONORAH BOULTER v. CHRISTOPHER COMPTON STANLEY
Parties
Plaintiff: Leonorah Boulter (also known as Leonorah Glatthaar); Defendant: Christopher Compton Stanley
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 July 2006
Case Number
HCA765/2005
Procedural Posture
Libel (defamation) / Assessment of Damages (post Judgment)
Outcome
Judgment for plaintiff; damages assessed in favour of plaintiff
Legal Topics
Libel, Damages Assessment, Aggravated Damages, Retraction and Apology
Source Language
EN

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Parties

Leonorah Boulter (also known as Leonorah Glatthaar)

Plaintiff

Christopher Compton Stanley

Defendant

Procedural Posture

Libel (defamation) / Assessment of Damages (post Judgment)

  1. 1 Whether the published statements were defamatory
  2. 2 Quantum of general damages
  3. 3 Whether aggravated damages should be awarded due to defendant's conduct

Ratio Decidendi

The court found the statements defamatory and, on uncontradicted evidence of persistent publishing of falsehoods, absence of retraction or apology and continued belligerent conduct by the defendant, awarded $30,000 general damages and $150,000 aggravated damages (total $180,000), with interest at judgment rate from the date of the writ and costs of the assessment to the plaintiff.

Court Disposition

Judgment for plaintiff; damages assessed in favour of plaintiff

Orders

  • General damages awarded in the sum of $30,000 HKD
  • Aggravated damages awarded in the sum of $150,000 HKD