[1999] TASSC 10
PARTIES: AVRAM, John
v
INCHES, Brian Maxwell
TITLE OF COURT: SUPREME COURT OF TASMANIA (FULL COURT)
JURISDICTION: APPELLATE
FILE NO/S: FCA 26/1998
DELIVERED: 17 February 1999
HEARING DATE/S: 25, 26 August 1998
JUDGMENT OF: Underwood, Crawford and Slicer JJ
CATCHWORDS:
Damages - General principles - Exemplary, punitive and aggravated damages - Aggravated compensatory and exemplary damages distinguished - Exemplary damages only awarded if aggravated compensatory damages inadequate punishment - Need to show restraint.
Rookes v Barnard [1964] AC 1129, followed in part.
Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118; XL Petroleum (NSW) Proprietary Limited v Caltex Oil (Australia) Proprietary Limited (1984 - 1985) 155 CLR 448, applied.
Backwell v AAA (1997) 1 VR 182, followed.
Aust Dig Damages [3]
Defamation - Damages - Assessment - Special matters to be considered by jury - Aggravation - Exemplary or compensatory damages - Exemplary damages only awarded if aggravated compensatory damages inadequate punishment - Need to show restraint - Need for direction to the jury.
Aust Dig Defamation [90]
REPRESENTATION:
Counsel:
Appellant: P G Wood
Respondent: S J Holt
Solicitors:
Appellant: Piggott Wood & Baker
Respondent: Murdoch Clarke
Judgment category classification:
Court Computer Code:
Judgment ID Number: [1999] TASSC 10
Number of pages: 25
Serial No 10/1999
File No FCA 26/1998
JOHN AVRAM v BRIAN MAXWELL INCHES
REASONS FOR JUDGMENT FULL COURT
UNDERWOOD J
CRAWFORD J
SLICER J (Dissenting in part)
17 February 1999
Order of the Court
Hearing of the appeal with respect to terms of final order adjourned sine die.
Serial No 10/1999
File No FCA 26/1998
JOHN AVRAM v BRIAN MAXWELL INCHES
REASONS FOR JUDGMENT FULL COURT
UNDERWOOD J
17 February 1999
Introduction
The appellant was a councillor for the Municipality of Sorell and the respondent was the general manager of the Sorell Council. On 20 February 1997, the respondent commenced proceedings against the appellant for damages for defamation. The respondent pleaded that he had been defamed at a meeting of the Sorell Council on 23 December 1996. The statement of claim, par2 alleged that at the meeting the appellant said:
"Both the Mayor and the General Manager have lied and are liars.
The Mayor and the General Manager are liars."
By his defence, the appellant:
· put in issue the making of the defamatory statement; alternatively,
· pleaded that the words were said in circumstances in which the plaintiff was not likely to be injured;
· claimed that the words were published in good faith in the course of the discussion of a subject of public interest, the public discussion of which was for the public benefit; and/or
· claimed that the words were true and their publication was, in the circumstances, for the public benefit.
The reply alleged malice.
The trial of the action commenced before Wright J and a jury on 23 March 1998. On 2 April 1998, the jury answered in the affirmative all the questions on the issue of whether the words relied…
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