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Civil Law (Wrongs) Act 2002
139IFactors in mitigation of damages
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139I Factors in mitigation of damages
(1) Evidence is admissible on behalf of the defendant, in mitigation of
damages for the publication of defamatory matter, that—
(a) the defendant has made an apology to the plaintiff about the
publication of the defamatory matter; or
(b) the defendant has published a correction of the defamatory
matter; or
(c) 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; or
(d) 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
(e) 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.
(2) Nothing in subsection (1) operates to limit the matters that can be
taken into account by a court in mitigation of damages.