Damages For Defamation
In a general sense damages need to be appropriate bearing in mind the damages suffered. Under the Defamation Legislation there is an indexed maximum amount that is about $389,500 (as at the time of writing) and aggravated damages could apply additionally.
The court may also consider factors that go towards mitigation such as an apology. For this reason an "Offer of Amends" could potentially play an important role in the assessment of damages.
Parties also sometime seek ancilliary relief such as interlocutory injunctions which are usually only granted in the clearest of cases.
To find out if you have a claim for damages for defamation contact us to schedule a conference so we can discuss your matter. Alternatively, you may want to meet to discuss your options for defending a claim for damages.
* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.