Wagner & Ors v Harbour Radio Pty Ltd & Ors

[2018] QSC 201

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

1. Damages
2. › GENERAL DAMAGES
3. › ASSESSMENT
4. › SPECIAL MATTERS
5. › AGGRAVATION
6. › where s 35 of the Defamation Act 2005 (Qld) places a statutory cap on damages for non-economic loss
7. › where the section further provides that the cap may be exceeded if, and only if, a court finds an award of aggravated damages is warranted
8. › whether, even where such a finding is made, the cap remains a relevant factor in a court’s assessment of damages
1. Defamation Act 2005 (Qld), s 3, s 8, s 18, s 25, s 26, s 29, s 34, s 35, s 38, s 39
1. Uniform Civil Procedure Rules 1999 (Qld), r 428, r 429A
1. Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158; [1998] NSWSC 4, followed