Factors in mitigation of damages
38 Factors in mitigation of damages
Evidence is admissible on behalf of the defendant, in mitigation of damages for the publication of defamatory matter, that —
the defendant has made an apology to the plaintiff about the publication of the defamatory matter;
the defendant has published a correction of the defamatory matter;
the plaintiff has already recovered damages for defamation in relation to any other publication of matter having the same meaning or effect as the defamatory matter;
the plaintiff has brought proceedings for damages for defamation in relation to any other publication of matter having the same meaning or effect as the defamatory matter; or
the plaintiff has received or agreed to receive compensation for defamation in relation to any other publication of matter having the same meaning or effect as the defamatory matter.
Nothing in subsection (1) operates to limit the matters that can be taken into account by a court in mitigation of damages.
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