Allen v Johnstone No. DCCIV-01-1824

In the South Australian District Court, Allen, the plaintiff, sued Johnstone, the defendant, for slanderous statements made by Johnstone during a joint venture committee meeting on 30 November 1998. The plaintiff claimed that the defendant's statements defamed him, leading to his dismissal, distress, and damage to his reputation and marriage. The defendant did not appear, and the court assessed the damages based on the plaintiff's evidence and affidavits.

The court identified the slanderous statements made by the defendant and their defamatory implications. It found that the statements were made, carried the meanings pleaded, and were slanderous of the plaintiff. The court determined that the plaintiff was entitled to compensation for the loss of his employment, general damages for reputational harm, emotional distress, and the impact on his marriage, and special damages for lost income and interest.

The court awarded special damages for the plaintiff's lost income, calculating a nett loss of $45,899 and interest of $12,500. For general damages, the court accepted the plaintiff's evidence of anxiety, shame, distress, and embarrassment and the impact on his marriage, awarding $15,000. The court assessed the plaintiff's total damages at $73,399.

The court did not award exemplary or aggravated damages, finding that the circumstances did not warrant such an award. The final orders were for the defendant to pay the plaintiff $73,399 in damages.