Nationwide News Pty Ltd v Aitken [No 2]

Nationwide News Pty Ltd, the applicant, sought leave to appeal from a decision of the Supreme Court of New South Wales. The respondent, Mr Aitken, had brought proceedings against Nationwide News Pty Ltd for defamation. The primary judge had found in favour of Mr Aitken and awarded damages. The application for leave to appeal concerned the assessment of damages.

The central legal issue before the Court of Appeal was whether the primary judge had erred in her assessment of damages awarded to Mr Aitken. Specifically, the applicant contended that the damages awarded were excessive and that the primary judge had failed to properly consider certain aspects of the evidence when quantifying the harm suffered by the respondent.

The Court of Appeal considered the principles governing the assessment of damages in defamation cases, including the need to compensate the plaintiff for damage to reputation, hurt and humiliation, and the potential for vindication. The judges reviewed the evidence presented at trial and the primary judge's findings of fact. They concluded that the primary judge had applied the correct legal principles and that there was no demonstrable error in her assessment of the quantum of damages. The court found that the damages awarded were within the range that could be supported by the evidence.

The application for leave to appeal was therefore refused, with costs awarded to the respondent.