The Privy Council has ruled against Minister Phillip Alexander, setting aside an Appeal Court ruling over damages in a defamation case brought by businessman Andrew Gabriel.
Mr Gabriel’s lawsuit was in relation to statements made by Mr Alexander on a radio talk show and on Facebook in February 2017.
The High Court reportedly awarded him $525,000 in damages for hurt feelings and loss of reputation, plus $250,000 in aggravated damages.
The Appeal Court later reduced the damages to $10,000.
According to the ruling, the Board found that statements made by Mr Alexander in 2017 suggested Gabriel was involved in serious corruption, significantly harming his reputation.
It also pointed to aggravating factors, including continued social media posts and the absence of any apology.
The matter will now return to the High Court for a reassessment of damages.
The Privy Council’s conclusion is as follows: “For the reasons given, the Board will allow the appeal and set aside the award of damages made by the Court of Appeal. The case will be remitted to the High Court for a fresh assessment of damages for the injury to Mr Gabriel’s reputation and feelings caused by the first and second statements and aggravated by Mr Alexander’s malicious motives and subsequent conduct. The assessment should be made by a judge other than the trial judge but on the basis of the evidence given at the trial and the findings made by the trial judge where these have not been overruled on appeal.”
