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Seventhly, it is appropriate that the award include a component of aggravated compensatory damages. That is because it is evident that the emails were sent as part of a continuing process of vilification of the plaintiff by the defendant and were obviously calculated to injure his reputation. I am satisfied that the defendant was motivated by malice. Although his state of mind is to be ignored (s 34), I am satisfied that the fact that the emails were made with a malicious intent increased the distressing effect for the plaintiff. The defendant has not tendered any apology and, although he must be aware of these proceedings, has been indifferent to them.
(3) it is appropriate that the award include a component of aggravated compensatory damages, given the emails were sent as part of a continuing process of vilification of the plaintiff by the defendant and were calculated to injure his reputation, (at [53]);