Bauer Media Pty Ltd v Wilson (No 2)

Bauer Media Pty Ltd v Wilson (No 2) involved an appeal concerning defamation damages awarded by the Federal Court of Australia. The plaintiff, Bauer Media, sought damages from the defendant, Wilson, for defamatory publications. The court was required to decide several legal issues, including the appropriate assessment of damages for non-economic loss, the statutory cap on such damages, the award of damages for economic loss, and the claim for Andrews damages. The Federal Court needed to determine whether the statutory cap on damages for non-economic loss could be exceeded for aggravated damages, the extent to which the cap acts as a cut-off, and the correct interpretation of the relevant statutory provisions.

The court found that the judge's assessment of non-economic loss damages at $650,000 was excessive, leading to a reassessment to $600,000. The court upheld the judge's interpretation that the statutory cap on damages for non-economic loss could be exceeded if aggravated damages were warranted. The court also ruled that the plaintiff failed to establish the loss of a valuable opportunity and set aside the award of damages for economic loss. The plaintiff's claim for Andrews damages was also dismissed, as it was not substantiated by the evidence. The court emphasised the importance of a plain reading of the statute, rejecting any interpretation that would displace the statutory language.

In conclusion, the court reduced the damages for non-economic loss from $650,000 to $600,000 and set aside the award of damages for economic loss. The court confirmed that the statutory cap on damages for non-economic loss could be exceeded for aggravated damages, provided the circumstances warranted such an award. The plaintiff's claim for Andrews damages was not upheld, and the overall award of damages was adjusted accordingly.