Court of Appeal Wellington
27, 28, 29 November 1995; 19 April 1996
Cooke P, Richardson, Gault, McKay, McGechan JJ
27, 28, 29 November 1995; 19 April 1996
Cooke P, Richardson, Gault, McKay, McGechan JJ
Defamation — Damages — Province of Judge — Law and practice in New Zealand — Whether dicta of overseas jurisdictions should be followed or considered — Whether open to Judges in summing up to suggest a range of figures — Whether Judge has duty to warn jury that excessive awards are likely to be set aside — Whether Judge has duty to direct jury concerning validity of amounts claimed in action — Whether Judge should suggest a possible ceiling.
Defamation — New Zealand Bill of Rights Act 1990 — Whether Act has effect of putting media freedom of speech above the right to one's reputation — Damages — Whether Act requires new approach to summing up on damages in defamation cases — Whether Act affects principle that damages should not exceed what is sufficient to assuage injured feelings and carry any punishment adequate to vindicate plaintiffs' reputation.
Defamation — Damages — Observations as to future directions as to quantum — Whether overseas trends should be considered — Effect of Defamation Act 1992 — Defamation Act 1992, ss 8, 28, 30 and 43.
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