Hoser v Pelley [No 4]

The appeal arose from a defamation action where the respondents, Hoser, successfully challenged findings that one of ten publications was defamatory. The appellant, Pelley, sought to appeal the damages awarded by the trial judge, which amounted to $150,000 in general damages, $15,000 in aggravated damages, and $14,000 in interest. The court was tasked with reassessing the quantum of damages awarded, taking into account the relatively insignificant grounds of success by the appellants.

The court held that given the modest nature of the appellants' success in the defamation challenge, a reduction in the damages awarded was warranted. The court reassessed the general damages to $140,000, the aggravated damages to $10,000, and the interest to $21,000. Regarding the publication of the court's reasons, the court applied necessary redactions to avoid potential breaches of the Family Violence Protection Act 2008. The suppression order made by the trial judge under the Open Courts Act 2013 was also varied to permit the publication of the appellate court’s reasons.

In terms of costs, the court ordered that the appellants pay 80 per cent of the respondent’s costs, reflecting the modest success of the appeal and the application for leave to appeal not being wholly without merit. The court also ruled that the respondent was not entitled to indemnity costs but that the costs should be awarded on a standard basis. Finally, the court denied the application for a stay of the damages pending any application for special leave to appeal, directing that the damages be deposited into the trust account of the respondent's solicitor.