29 Matters to be taken into account in mitigation of damages

In assessing damages in any proceedings for defamation, the following matters shall be taken into account in mitigation of damages:

(a)

in respect of the publication of any correction, retraction, or apology published by the defendant, the nature, extent, form, manner, and time of that publication:

(b)

in respect of the publication, by the defendant, of any statement of explanation or rebuttal, or of both explanation and rebuttal, in relation to the matter that is the subject of the proceedings, the nature, extent, form, manner, and time of that publication:

(c)

the terms of any injunction or declaration that the court proposes to make or grant:

(d)

any delay between the publication of the matter in respect of which the proceedings are brought and the decision of the court in those proceedings, being delay for which the plaintiff was responsible.

Compare: 1954 No 46 s 12