When some defamatory imputations are eliminated on appeal, damages must be assessed afresh in respect of the remaining imputations, not by a process of subtraction from the original assessment. Section 46A of the Defamation Act 1974 (NSW) requires an appropriate and rational relationship between relevant harm and damages, with the highest personal injury non-economic loss awards representing a 'presumptive outer limit' for defamation damages, but defamation awards are not capped at or below personal injury levels. Past newspaper denunciation of a plaintiff that was not sued upon is not a relevant factor in discounting damages.
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