Williams versus Craig – retrial of damages only

The Court of Appeal has ruled in the Jordan Williams versus Colin Craig defamation, saying there should be no retrial of the defamation, but the costs should go before the Court again.


After noting Wiliams’ Facebook exchange with Whaleoil was “sexually crude and disparaging of women” the Court of Appeal said of the damages award: “The law must be concerned with the reputation he deserved and compensate accordingly.”

The Appeal Court on Colin Craig “We agree with Mr Mills QC that the size of the award suggests the jury’s particularly adverse judgment on Mr Craig’s character, credibility and conduct of his defence. Mr Mills pitched it at the level of the jury’s hatred for Mr Craig.”

But a different take from Stuff:  Taxpayers’ Union boss wins right to argue claim for $1.27m in damages

Taxpayers’ Union co-founder Jordan Williams may be able to claw back the $1.27 million in damages originally awarded to him in a defamation case.

The High Court judge presiding over the case later set aside the damages – the largest defamation award in New Zealand, and the maximum Williams had sought.

But on Monday, the Court of Appeal released a decision allowing part of Williams’ appeal, which would see a retrial of his claim for damages.

Other aspects of Williams’ appeal and Craig’s cross-appeal were dismissed. However, the retrial relating to the damages alone, would give Williams the chance to claw back at least some of the initial $1.27m he was initially promised.

That’s different to the headline and initial paragraph. Stuff has a copy of the decision.

[78] It will be for the retrial Judge to decide procedure for a damages claim.The process should be analogous to trial of a claim on admitted facts, or admitted pleadings, and be relatively straightforward. The Judge could properly direct the jury to this effect:

(a) Mr Craig defamed Mr Williams in two separate publications, the Remarks and the Leaflet, at least a week apart, by stating that Mr Williams had acted dishonestly, untruthfully and deceitfully for making the allegation that Mr Craig had sexually harassed Ms MacGregor, which was necessarily rejected by the first jury;

(b) Mr Williams is entitled to a compensatory award, which should be anywhere up to a maximum of $250,000 for damage to his reputation,including aggravating factors, taking into account that:

– any damage was caused primarily by the Remarks and compounded marginally by republication in the Leaflet;

– some of the allegations made by Mr Craig about Mr Williams’ conduct relating to the defamatory statements had elements of truth in that some aspects of his conduct had been dishonest, deceitful and untrustworthy, but not in making the allegation of sexual harassment;

– Mr Craig’s statements were made in a political context and in a counter-attack to criticisms made by a man whose own attitude to women was questionable;

– elements of Mr Craig’s  conduct of his defence may have compounded the original damage; and

(c)  an award of punitive damages was also available but should not be more than $10,000

That sets maximums at less than a quarter of the original award.


The Judge’s approach will ultimately be influenced by the parties’ decisions.

There is of course a more pragmatic and sensible solution. The parties can simply agree that Katz J should determine damages.  The Judge alluded to this option in her retrial decision.  She invited counsel for the parties to submit memoranda.Both sides have since shadow boxed on this proposal, which remains in limbo. It isthe most obvious path to resolution if the parties are genuinely seeking finality. Katz J is fully familiar with all the evidence and would only require focused submissions from counsel to complete the exercise.

Can they be pragmatic?

[118]  The appeal is allowed in part. The order made in the High Court for a retrial of the appellant’s claim for liability and damages is set aside.

[119]  Judgment is entered for the appellant in accordance with the jury’s verdict onliability. An order is made directing a retrial of the appellant’s  claim for damages.

[120]  In all other respects the appeal and cross-appeal are dismissed.

[121]  The respondent is ordered to pay the appellant 50 per cent of costs as calculatedfor a standard appeal on a band A basis with usual disbursements. This reductionreflects the fact that the appeal was only partially successful. There is no order for costs on the cross-appeal. All costs issues arising in the High Court are to be determined in that Court in accordance with this judgment.

The decision online: http://www.courtsofnz.govt.nz/cases/williams-v-craig-1/@@images/fileDecision?r=514.731640769

Statement from Jordan Williams re Court of Appeal decision

Naturally, I am delighted with the success of my appeal at the Court of Appeal overturning Justice Katz’s earlier decision to set aside the jury verdict in my defamation claim against Colin Craig. Justice Katz had ordered a full re-trial on the basis that the $1.27 million damages award was so high.

I am very relieved that there will not be a full re-trial, and that the issue is now simply damages. It means Mr Craig has failed in his efforts to re-litigate, yet again, this whole matter.

The judgment is totally clear that I was defamed by Mr Craig, and that the jury’s findings, now confirmed, have vindicated me.

No one can take away from the fact the jury were unanimous in my favour. The jury believed me, believed Rachel MacGregor, and not Mr Craig. Today’s decision has confirmed all of that.

As I said immediately after the jury verdict, I never entered into these proceedings for the money, nor did I want these proceedings at all. It was only Mr Craig’s own threats of legal action against me which saw us in Court. I sought to prove that Mr Craig’s allegations were wrong and to put a stop to Mr Craig’s egregious assault on my reputation.

But overplaying his hand on money has resulted in this legal mess.

[58] Mr Williams must take primary responsibility for the jury’s delivery of anunsustainable award. His claim was pitched at a plainly extravagant level. There was no request for a direction about the appropriate parameters of an award. In this case an appropriate direction would have been up to $250,000 for compensatory damages including aggravation, and for punitive damages no more than $10,000.

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    • duperez

       /  March 5, 2018

      And this … does money really make up for having things about you like this put into the public record? Apparently it must.

      Money, jacket and tie, fancy handle and enough people silly enough to take you seriously makes you a public figure. Sort of.

    • Jonny

       /  March 6, 2018

      The funniest thing is Slater today claiming this somehow means he’s going to get a massive payout.

      Williams is a lesser evil and the COA has effectively capped his winnings at $250k plus $10k. Less if Craig apologised and even THEN it must be taken into account the Facebook exchange where they’re both creeps.

      If Katz is to decide I estimate $50k plus costs where they lie. Slater will be getting zilch.

      • And he makes an assumption that what the Court of Appeal ruled in one case will automatically apply in another separate case. That’s not how legal processes work. Each case is judged on it’s own merits.

  3. phantom snowflake

     /  March 5, 2018

    I rather feel for Jordan Williams. My sense is that he really wants to be a Villain, but he has just too much Pure Dork in his DNA and probably also isn’t innately evil enough, the result being that when acting on his own he tends to overreach, stumble and fall. He reached his level of ability in previous positions as Apprentice Villain to both Cameron Slater and David Farrar.

    • Gezza

       /  March 5, 2018

      I think he’s a fucking immature, whining, crybaby – & so’s the other joker.
      Sensible women would avoid the pair of them like an STD.

      • phantom snowflake

         /  March 5, 2018

        I absolutely agree, but perhaps I can relate hehe.


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