If this were to go to appeal and Karl argued that "Billy need to provide more proof for the supposed damage he suffered", then Billy could go and present a multitude of witnesses that would support his narrative that he was so emotionally hurt and angry when he was being accused by Karl and his fans that his productivity suffered, he could not work right and manage the restaurants, he could not stream without getting upset because of comments, and then people stopped inviting him to gaming exhibitions or events.
Since when can you introduce new witnesses on appeal? He had every opportunity to present witnesses at trial. An appeal isn't a retrial. The parties brief their cases and then when fully briefed, the court may ask counsel to make oral arguments. Then they take it under advisement and decide.
As for aggravated damages, the pleadings only asked for $50,000, hence the judge's comment.
While Billy would certainly be on the hook for any new legal fees, the appeals court isn't going to rewrite his own pleadings for him to add things he never asked for.
However, they could up the general damages to the statutory limit, which isn't much more. It's A$432,500 and the judge awarded A$300,000 (the other A$50,000 is the aggravated damages).
I think the most likely outcome of an appeal is Jobst just loses and has to pay costs and fees for Billy. The best outcome is he gets a reduction of some sort, and obviously the worst is Billy outright wins on a cross appeal, gets the damages jacked up, AND Karl has to pay costs and fees for everything. (And one that is very unlikely is that not only does the last happen but they also find the appeal is frivolous and throw in sanctions too.)
>making response >not even watching the Judges video
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Shades of Russell Greer insisting Hardin broke a protective order while admitting he never read it and even after two different judges have told him Hardin didn't.
