New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Mitigation of damages (s30)
  • 9 Nov 2012

    SMALLBONE V LONDON HC WN CIV-2012-485-482

    Citation
    openlaw-0cd30786_c22f_47cb_a4db_88bab6b13f62.pdf
    Court
    High Court

    Court held that (a) the defendants must delete the pleaded alternative meaning and the last sentence of paragraph 22 as agreed; (b) allegations attacking the plaintiff's business/professional reputation fall outside the relevant sector of the pleaded imputations and must be removed (specific paragraphs identified); (c) allegations of drug purchase/consumption and supply drawn from the publication may properly be pleaded because they relate to the publication and to the relevant sector under s30; (d) quotations from the book and allegations about earlier court testimony may be pleaded without…