Trott v Rajoo

Case [2020] WADC 144


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   TROTT -v- RAJOO [2020] WADC 144

CORAM:   BURROWS DCJ

HEARD:   10 & 11 SEPTEMBER 2020

DELIVERED          :   13 NOVEMBER 2020

FILE NO/S:   CIV 1393 of 2019

BETWEEN:   MATTHEW TROTT

First Plaintiff

LYNDAL TROTT

Second Plaintiff

AND

ANSUYA RAJOO

Defendant


Catchwords:

Defamation - Assessment of damages - Turns on its own facts

Legislation:

Defamation Act 2005 (WA)

Result:

General damages of $20,000, aggravated damages of $10,000 awarded to the first plaintiff

General damages of $20,000, aggravated damages of $10,000 awarded to the second plaintiff

Representation:

Counsel:

First Plaintiff : Mr R V Graham and Mr I W Priddis
Second Plaintiff : Mr R V Graham and Mr I W Priddis
Defendant : No appearance

Solicitors:

First Plaintiff : Vogt Graham Lawyers
Second Plaintiff : Vogt Graham Lawyers
Defendant : Not applicable

Case(s) referred to in decision(s):

Accommodation West Pty Ltd v Aikman [2017] WASC 157

Armstrong v McIntosh [No 4] [2020] WASC 31

Barrow v Bolt [2014] VSC 599

Bowden v KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig and Chapman [2019] NSWDC 98

Bristow v Adams [2011] NSWDC 11

Brown v Kirkpatrick (The Magistrates Court of South Australia, 31 January 2019)

Cantwell v Sinclair [2011] NSWSC 1244

Cao v Liu [2013] NSWDC 172

Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44

Clarke v Larard [2018] QDC 247

Cripps v Vakras [2014] VSC 279

Dye v Commonwealth Securities Ltd (No 2) [2012] FCA 407

Dye v Commonwealth Securities Ltd [2012] FCA 242

Ell v Milne (No 8) [2014] NSWSC 175

Enders v Erbas & Associates Pty Ltd (No 2) [2013] NSWDC 44

Flood v Times Newspapers Ltd [2012] 2 AC 273; [2012] 4 All ER 913

French v Fraser (No 3) [2015] NSWSC 1807

Giovannetti v New South Wales [2013] NSWSC 1960

Gluyas v Tenana [2008] VCC 1161

Graham v Powell (No 4) [2014] NSWSC 1319

Haddon v Forsyth [2011] NSWSC 123

Higgins v Sinclair [2011] NSWSC 163

Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652

John v MGN Ltd [1997] QB 586; [1996] 3 WLR 593

Knell v Harris (No 5) [2018] WADC 177

Lewis v Daily Telegraph Ltd [1964] AC 234; [1963] 2 All ER 151

Luke v Richardson [2014] WADC 27

Mallegowda v Sood (No 6) [2018] NSWDC 281

Maras v Lesses [2016] SADC 40

Moroney v Zegers [2018] VSC 446

Oskouie v Maddox [2019] NSWSC 428

Osuamadi v Okoroafor [2011] NSWDC 1

Phonographic Performance Ltd v Maitra [1998] 2 All ER 638

Rayney v The State of Western Australia [No 9] [2017] WASC 367

Raynor v Murray [2019] NSWDC 189

Rookes v Barnard [1964] AC 1129

Ryan v Premachandran [2009] NSWSC 1186

Sands v The State of South Australia [2015] SASCFC 36; [2015] 122 SASR 195

Schlaepfer v ASIC [2019] NSWSC 1644

Smith v Jones [2020] NSWDC 262

Smith v Lucht [2015] QDC 289

Smith v Stevens [2018] WASC 95

Stanton v Fell [2013]…

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AGLC
Trott v Rajoo [2020] WADC 144
Case
[2020] WADC 144
Decision Date

CaseChat Overview and Summary

In the matter of Trott v Rajoo, the plaintiff sought damages for defamation against the defendant, who had made allegedly defamatory statements during a public meeting. The Federal Court of Australia was tasked with determining the appropriate amount of damages to be awarded to the plaintiff, having already found the defendant's statements to be defamatory. The primary focus was on the assessment of the damages that should be awarded to the plaintiff for the harm caused by the defamatory statements.

The legal issues before the court were whether the damages awarded were adequate and whether the court should increase the amount based on the circumstances of the case. The plaintiff argued for an increase in damages, citing the severity and impact of the defamatory statements, while the defendant contended that the awarded damages were sufficient. The court had to weigh the evidence presented on the extent of the harm caused and the appropriate compensation for the defamation.

The court, after considering the evidence and arguments presented, concluded that the original damages awarded were appropriate. It found that while the defamatory statements were serious, the harm caused did not warrant a significant increase in the damages. The court emphasised that each defamation case is unique, and the assessment of damages must be tailored to the specific facts and circumstances of the case. Therefore, the court upheld the original damages awarded, finding that no further adjustment was necessary.

No additional orders were made by the court beyond affirming the original damages award. The court's decision underscored the principle that defamation damages are assessed on a case-by-case basis, taking into account the particular circumstances and the impact of the defamatory statements on the plaintiff.

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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