counsel on both sides said, but that is hardly any solace to Mr Greenwich. The voicemail messages set out at [77] above were played in court. They were particularly menacing, and very disturbing.
278 As to Mr Smark's submission about Mr Greenwich's reputation (see [272] above), as he conceded, there is evidence of Mr Greenwich's good reputation "across the chamber". Further, it can be inferred that because Mr Greenwich has been re-elected on numerous occasions since 2012, he enjoys a good reputation among, at the very least, a majority of his constituents.
279 On the other hand, many people — including Senator Hanson and Mr Bolt (neither of whom could be described as political allies of Mr Greenwich in the ordinary course of things) — pilloried Mr Latham after the publication of the primary tweet; and, as I have already said, ultimately it was not contended (and I do not accept) that the harm done by the primary tweet was so serious that Mr Greenwich was in fact considering his political future, or that his ability to do his job was significantly affected by the aftermath of the defamation.
280 I also do not accept the submission that the content of counsel's written opening or the conduct of part of Mr Latham's defence (which is pleaded at paragraph 2 of Mr Greenwich's Reply) have increased the hurt and harm occasioned to him. Compare Triggell v Pheeney at 514. The allegations in paragraph 2 of the Reply were not mentioned in closing by Dr Collins, so I do not need to deal with them.
281 In any event, if I may say so with unfeigned respect, Mr Latham's counsel conducted the hearing of this proceeding impeccably; cross-examined only when there was a purpose in doing so; made a number of appropriate concessions; and did nothing relevantly to exacerbate the harm caused to Mr Greenwich by the publication of the primary tweet. As a result, a case that was originally set down for five days, finished in two and a half.
282 I do, however, consider that the conduct of Mr Latham as set out at [274] "rubbed salt in the wound" caused by the primary tweet, and is sufficient to warrant a modest award of aggravated damages to Mr Greenwich.
283 Weighing up all the factors, and doing my best to ensure that there is an appropriate and rational relationship between the harm sustained and the amount of damages awarded, I have concluded that the appropriate award of damages for non-economic loss is $100,000. I have also considered that aggravated damages in the sum of $40,000 should be awarded.
284 An order for interest, from the date of publication, will also be made.
