Miles v Commercial Banking Co of Sydney

Miles, the plaintiff, brought an action against the Commercial Banking Co of Sydney, the defendant, for the dishonour of a cheque and for libel. The case was heard by Griffith, C.J., Barton and O'Connor, JJ.

The central legal issues before the court were whether the damages awarded to the plaintiff were excessive and whether there had been a misdirection by the trial judge regarding the measure of damages.

The court found that the jury's award of damages was demonstrably excessive, particularly in relation to the libel claim. Griffith, C.J. noted that while the plaintiff was entitled to damages for the injury to his credit and reputation, the amount awarded suggested the jury had been influenced by improper considerations or had misunderstood the principles governing the assessment of damages in such cases. The court concluded that a new trial was warranted on the issue of damages.

The court ordered a new trial limited to the assessment of damages.