Lesses v Maras (No 2)

This case concerned an appeal before the Full Court of the Supreme Court of South Australia, brought by Mr Lesses against Mr Maras. The dispute arose from defamatory imputations made by Mr Maras concerning Mr Lesses, relating to their differing views on the reconciliation between the Greek Orthodox Archdiocese of Australia and the Greek Orthodox Community of Sydney. The appeal specifically addressed the assessment of damages awarded to Mr Lesses.

The primary legal issue before the court was the assessment of general damages for defamation, considering the statutory cap on non-economic loss. A secondary issue arose regarding the admissibility of correspondence between the parties, which Mr Lesses sought to tender as evidence of offers to apologise that would mitigate damages. Mr Maras objected to this evidence, arguing it did not meet the criteria for fresh evidence on appeal and was protected by settlement privilege under section 67C of the *Evidence Act 1929* (SA).

The Full Court first considered the admissibility of the tendered correspondence. It determined that the communications were subject to settlement privilege, as they constituted offers made in the context of resolving the dispute. Therefore, this evidence was excluded from consideration for the purpose of assessing damages. The court then proceeded to make a holistic assessment of general damages, taking into account all relevant circumstances, including the nature of the defamatory imputations and the impact on Mr Lesses.

The Full Court assessed the general damages payable to Mr Lesses at $25,000. The court indicated that it would hear further submissions from the parties regarding the costs of the action and the costs of the appeal.