Court of Appeal Wellington
CA172/2023
8 May 2024; Further Information Received 17 May 2024; 12 June 2025
Mallon, Cooke and Collins JJ
CA172/2023
8 May 2024; Further Information Received 17 May 2024; 12 June 2025
Mallon, Cooke and Collins JJ
Defamation — Damage — Whether disproportionate to harm caused — Not exceptional so as to justify punitive damage.
Defamation — Meaning — Whether verdict tainted by evidence as to as to damages or defences — Damages evidence clearly not relevant to meaning evidence — evidence about needed further direction as not relevant to meaning and counterbalancing evidence ruled inadmissible — Repeated references to Court of Appeal decision on potential meanings — Not a case where obvious that article bore all the pleaded meanings.
Defamation — Public interest defence — Scope of defence — Includes administration of sports — Not necessary public interest for each item — But must be part of the story — Thrust of article fallout from tour — Lack of control of process by sporting body — Outcome determined by mediation — Judge understated the public interest of the subject matter.
Defamation — Public interest defence — Responsible communication — Balancing of factors — Seriousness — Degree of public importance — Whether really urgent — Whether sources reliable — Whether comment sought from plaintiff — Tone — Inclusion of defamatory statements not necessary to communicate the matter of public interest — Defence not made out — Finely balanced.
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