Where defamation defendants are several concurrent tortfeasors for indivisible harm, judgments must separately identify aggravated damages components so the rule against double recovery can operate. A failure to make a conditional apology — apologising for imputations if conveyed while maintaining a denial of meaning defence — may constitute improper conduct aggravating damages where the defendant has no bona fide basis for asserting the truth of the imputations. The vindicatory effect of a prior judgment for similar defamation published to a different audience is limited and will not substantially reduce the need for vindication in subsequent proceedings.
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