North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin

The case of North Coast Children’s Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin involved a defamation claim against the defendant, who made 12 publications on Facebook and via email alleging that the plaintiffs, the children's home and its executive officers, were guilty of child abuse and neglect. The defendant did not file a defence and default judgment was sought by the plaintiffs in the defamation list. The proceedings were then listed for the assessment of damages.

The court needed to decide the appropriate amount of general and aggravated damages for the plaintiffs. Two plaintiffs sought aggravated compensatory damages for the substantial harm caused by the serious allegations made against them. The absence of any evidence in mitigation of the damage was a factor considered by the court. Additionally, the court needed to determine whether the corporate plaintiff could be awarded aggravated damages, which it concluded was not available to a corporation.

The court awarded $50,000 to the corporate plaintiff and $100,000 each to the second and third plaintiffs, inclusive of aggravated compensatory damages for the latter two. The defendant, who was notified of the directions dates and hearing but failed to attend court, provided written submissions on damages. The court's orders included judgments for the plaintiffs, with costs and interest reserved for further application, and exhibits retained for 28 days.