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Stevens v Boyle

STEVENS v BOYLE
 
[2012] SASC 232
(3)  it is appropriate that the award include a component of aggravated compensatory damages, given the emails were sent as part of a continuing process of vilification of the plaintiff by the defendant and were calculated to injure his reputation, (at [53]);
 
 
  1. Seventhly, it is appropriate that the award include a component of aggravated compensatory damages.  That is because it is evident that the emails were sent as part of a continuing process of vilification of the plaintiff by the defendant and were obviously calculated to injure his reputation.  I am satisfied that the defendant was motivated by malice.  Although his state of mind is to be ignored (s 34), I am satisfied that the fact that the emails were made with a malicious intent increased the distressing effect for the plaintiff.  The defendant has not tendered any apology and, although he must be aware of these proceedings, has been indifferent to them.