Part 2Courts and Justice
Publishers of news-related material: damages and costs
I136Amount of exemplary damages
1
This section applies where the court decides to award exemplary damages under section 34.
2
The court must have regard to these principles in determining the amount of exemplary damages—
a
the amount must not be more than the minimum needed to punish the defendant for the conduct complained of;
b
the amount must be proportionate to the seriousness of the conduct.
3
The court must take account of these matters in determining the amount of exemplary damages—
a
the nature and extent of any loss or harm caused, or intended to be caused, by the defendant's conduct;
b
the nature and extent of any benefit the defendant derived or intended to derive from such conduct.
4
The court may regard deterring the defendant and others from similar conduct as an object of punishment.
5
This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.