(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]);
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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.