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3 April 2020
TO: Recipients of Judgments
E R R A T U M
SLATER v LEECH & Ors
Jurisdiction
Author Honour Judge Slattery
Judgment No [2020] SADC 38
Action No -20-20
Delivery Date 3 April 2020
Please note that the abovementioned judgment was amended as follows:
· An additional sentence added to [64].
The judgment will now be republished.
Please accept our apology for any inconvenience caused.
Yours faithfully
Amelia Goldring
JA to his Honour Judge Slattery
- AGLC
- Slater v Leech [2020] SADC 38
- Case
- [2020] SADC 38
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were whether the statements made by Leech and the other defendants were indeed defamatory and, if so, whether they had a defence available to them. The court also had to determine if Slater's reputation was damaged by the alleged defamatory statements. Additionally, the court examined the evidence presented to ascertain the veracity of the claims made by both parties.
In delivering the judgment, Judge Slattery thoroughly examined the evidence and the applicable law. The court found that the statements made by Leech and the other defendants were defamatory, as they had the capacity to lower Slater's reputation in the eyes of right-thinking members of the community. However, the court also considered the defences presented by Leech and the others, including truth and fair comment. Ultimately, the court concluded that the defendants did not successfully establish their defences. Consequently, the court ruled in favour of Slater, finding the defendants liable for defamation.
The final orders of the court included a declaration that the defendants' statements were defamatory and an injunction preventing them from repeating the statements. Slater was also awarded damages for the harm caused to his reputation. The specific amount of damages was determined in a subsequent hearing. The court's decision in this case highlights the importance of carefully considering the potential consequences of making defamatory statements, as well as the need for defendants to establish a strong defence when faced with such allegations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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