Exemplary damages in defamation cannot be assessed until compensatory damages have been determined, applying the 'if, but only if' principle that exemplary damages should only be awarded if the compensatory sum is inadequate to punish the defendant. The Court of Appeal may reopen its own judgment before orders are entered where it has proceeded on a misapprehension of law, even where the failure to raise the point is not attributable to the applicant's neglect. The question of which judge hears a new trial ordered by the Court of Appeal is a matter for the internal arrangements of the relevant Division, not for the Court of Appeal to direct.
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