1061 My task is to decide all disputed questions of fact, including the extent to hurt to feelings, according to the evidence adduced, not according to some speculation about what other evidence might possibly have been led: Australian Securities and Investments Commission v Hellicar [2012] HCA 17; (2012) 247 CLR 345 (per French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ (at 412 [165]–[166]). It would be wrong to draw any adverse inference from the absence of any witness on this topic, but ultimately this is a matter where Mr Lehrmann was required to prove the extent to hurt to feelings to my reasonable satisfaction, and his evidence was less than compelling and, unusually, there was no evidence from family members, friends or others about his contemporaneous or ongoing hurt to feelings or as to aggravation (cf Russell (No 3) (at [484]–[488])).
1062 A solatium for injured feelings should form a component of the damages, but it should not be significant, given the lack of connexion between the respondents' wrong and what I have found to be the real cause of most of Mr Lehrmann's distress and hurt. In making this finding, I am not ignoring the Logies' speech, which will be dealt with below.
III Damage to Reputation
1063 The real issue in the present case is the overriding need to ensure an appropriate and rational relationship between the actual harm sustained and the damages awarded.
1064 It is in this context that one comes to two issues that assumed importance in this case: (1) how one isolates any damage to reputation caused by the publication of the Project programme from the Maiden article and subsequent events by which Mr Lehrmann received a tsunami of adverse publicity damaging his reputation (which might be termed an issue of causation); and (2) the conduct of Mr Lehrmann directly relevant to his reputation in the part of his life the subject of the defamatory publications.
Causation
1065 A complication in this case is that before broadcast on 15 February 2021, the accusation had been conveyed to those who, without Mr Lehrmann being named, could identify him. As Mr Sharaz had planned, Opposition members of Parliament had referred to Ms Higgins and were pressing members of the Government on her serious allegations just after lunch–at around the same time Mr Sharaz's efforts in disclosing Mr Lehrmann's name to members of the media were bearing fruit, with Ms Lewis from The Australian contacting Mr Lehrmann's employer and precipitating his suspension from his position.
