VIEW CASE

The actor, Rebel Wilson, brought proceedings against the publisher of “Women’s Day” for defamation on the basis of a number of articles written about her.  At trial, the jury returned a verdict in favour of Ms Wilson, and the judge awarded damages for non-economic loss of $650,000 (including aggravated damages) as well as damages for economic loss of $3,917,472.  Bauer Media appealed the quantum of damages awarded by the trial. Judge.  The Court of Appeal reduced the award for non-economic loss to $600,000 and found that Ms Wilson had not made out her claim for economic loss.  Further, the Court of Appeal found that s 35(1) of the Defamation Act 2005 (Vic) authorises a Court to exceed the statutory cap for non-economic loss where a finding of aggravated damages is warranted.  The Australian media had sought leave to intervene in relation to the proper construction of s 35(1). Leave was refused. The Court of Appeal’s decision is an important case in many respects. Plaintiffs may now receive general damages in excess of the statutory cap ($389,500) if aggravated damages are warranted. The decision is also the leading authority on proof of economic loss claims in defamation.

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