Gary Hevey Gordon & Jackson 9225 8075 9225 7333 ...

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14 time of the publication is irrelevant, except where malice, or other state of mind, affects the harm sustained by the plaintiff 42 . 41. The awarding of exemplary or punitive damages was abolished by the Act 43 . 42. Factors that will mitigate damages include an apology, a correction, the fact that a plaintiff has issued or compromised or recovered damages from other proceedings in relation to any other publication of matter having the same meaning, or effect, as the subject defamatory matter 44 . 43. Damages for multiple causes of defamation may be assessed as a single sum 45 . 44. I make some general observations to perhaps dispel the view that there may be a river of gold awaiting a person defamed. 45. In another case involving Mr Trjulka, while successful, the damages awarded were modest. In 2009 Mr Trkulja sued Ms Trajkovska for defamation. The defendant did not contest the proceedings, she did not appear at court. Mr Trjulka was successful. The allegation was that the defendant had alleged to have said to a group of five friends that Mr Trjulka had drugged her causing her to become ill and lose sleep and that the plaintiff was guilty of a serious crime. Similar allegations were allegedly made shortly after to another small group of about twenty-four people, this time the allegation included that the plaintiff was selling illegal drugs and that he once offered to sell his own daughters into prostitution at the ages of five and six. Of interest was that the first publication was alleged to have occurred on or about 6 January 2003 and the second on or about 7 January 2003. Proceedings were not issued until 24 March 2009. One 42 Section 36 43 Section 37 44 Section 38 45 Section 39 Gary Hevey Gordon & Jackson 9225 8075 9225 7333
15 can only presume that as the defendant took no part in the proceedings any question of limitations periods was not raised. Judge Davis 46 was guided by the terms of the Act and considered the matter relating to Ms Popovic, (referred to earlier in this paper 47 ), as well as the case of Winn v Goodwin 48 (where Judge Shelton had awarded $30,000 in relation to defamatory statements repeated in correspondence to VCAT) and finally a decision of Judge Campbell in the matter of Gluyas v Tenana 49 (where $20,000 was awarded to a defendant who had defamed the plaintiff on the World Wide Web). Waving some judicial magic wand Judge Davis awarded Mr Trkulja the princely sum of $3,000 by way of compensatory damages. Mr Trkulja was also compensated $960.50 for his own costs (as a self represented party) together with interest of $104.40. 46. Lest you should think that the County Court is the only court where damages might be somewhat less than expected I would also refer you to the case of Amanatidis v Darmos 50 . In that matter Ms Anastasia Darmos caused to be delivered to one person, and personally delivered to a priest, a letter containing defamatory material of the husband and wife plaintiffs concerning the disposition of the assets of a family member. Ms Darmos was the male plaintiff’s sister. The relevant deceased was their father. The case was hard fought with silk and junior for the plaintiffs and a Mr P. Darmos appeared for Ms Darmos. The judgment does not record whether counsel for the defendant was related to her although Wilson QC, for the plaintiff, alleged that there was further aggravation caused by the manner in which the defendant’s case was 46 Trkulja v Trajkovska [2010] VCC 0010 47 [2002] VSC 220 48 [2008] VCC 1507 49 [2008] VCC 1161 50 [2011] VSC 163 Gary Hevey Gordon & Jackson 9225 8075 9225 7333
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Page 3 and 4: 3 Mr Andrew Ettinghausen a well-kno
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Page 7 and 8: 7 Alternative dispute resolution pr
Page 9 and 10: 9 25. In similar vein apologies off
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Page 17: 17 for “outing” the wrong man.

Gary Hevey Gordon & Jackson 9225 8075 9225 7333 ...

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