The Board declined to interfere with the decision of the High Court of Australia not to review its jurisprudence on exemplary damages: ‘[I]n a sphere of law where its policy calls for decision and where its policy in a particular country is fashioned so largely by judicial opinion it became a question for the High Court to decide whether the decision in Rookes v Barnard compelled a change in what was a well settled judicial approach in the law of libel in Australia. Their Lordships are not prepared to say that the High Court were wrong in being unconvinced that a changed approach in Australia was desirable.’
(Australia)
Judges:
Lord Morris of Borth-y-Gest
Citations:
[1969] 1 AC 590, [1967] UKPC 19, [1967] 3 WLR 1338, [1967] 3 All ER 523
Links:
Jurisdiction:
Australia
Citing:
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Appeal from – Uren v John Fairfax and Sons Pty Ltd 2-Jun-1966
(High Court of Australia) ‘It seems to us that, in a case where there is no qualified privilege to report or repeat the defamatory statements of others, the whole cohesion of the law of defamation would be destroyed, if it were permissible merely to . .
Appeal from – Australian Consolidated Press Ltd v Uren 2-Jun-1966
(High Court of Australia) . .
Cited by:
Cited – Gleaner Company Ltd and Another v Abrahams PC 14-Jul-2003
Punitive Defamation Damages Order Sustained
(Jamaica) The appellants challenged a substantial award of damages for defamation. They had wrongfully accused a government minister of corruption. There was evidence of substantial financial loss. ‘For nearly sixteen years the defendants, with all . .
Cited – Cassell and Co Ltd v Broome and Another HL 23-Feb-1972
Exemplary Damages Award in Defamation
The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. . .
Lists of cited by and citing cases may be incomplete.
Damages, Defamation
Updated: 15 May 2022; Ref: scu.445077