A trial judge is not entitled to reject a plaintiff's unchallenged evidence of subjective belief about causal connections between a defamatory publication and adverse events where that belief is not ex facie irrational, without giving adequate reasons. Aggravated damages for failure to apologise may be awarded even where no apology was solicited, particularly where the defendant has abandoned its defences. However, Basten JA's dissent raises significant questions about the proper scope of appellate interference with credibility findings concerning a witness's state of mind.
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