Collins seeks a declaration, not damages

Vernon Small at Stuff reports:

Justice Minister is not seeking damages, but wants the court to declare she was defamed and to award her costs in her case against two Labour MPs.

This is a very smart move. It means that Mallard and Little can’t claim she is seeking to make money out of her lawsuit – she just want their (alleged) lies to be found to be false and defamatory. They had the choice of withdrawing their comments at no cost early on, or doing it at a later stage by which time there will be considerable costs (but not damages) attached to it.

Canterbury University law Professor Ursula Cheer said it was unusual not to seek damages.

“The most common remedies sought are an apology and damages.”

The provisions allowing a declaration had hardly ever been taken up, but they were a symbolic way to clear your reputation.

That was the point of including them in the law.

One could say that no one believes anything Trevor says anyway, so there was no point in taking proceedings. but it is possible there are some acolytes out there who do take his talk of anonymous e-mails proving his allegations, as literally true.

Collins has filed her claim in the High Court at Auckland despite the MPs being based in Wellington and the alleged defamatory comments being made in Wellington. As justice minister, Collins knew Auckland had the longest waiting list for civil hearings, Little said.

Umm Judith is an Auckland MP, and lives there most of the time. Where the comments were made has little bearing as they were broadcast on national radio. It seems pretty clear the ones trying to delay the case and Little and Mallard with their unsuccessful attempts to avoid being served.

Again, I look forward to their statements of defence. I hope Trevor especially refers to the anonymous e-mail he seems to be relying on, as I am sure the Judge will find that definitely constitutes proof.

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