Category Archives: Damages

Damages, Evidence, Personal Injury

Purkess v Crittenden [1965] HCA 34 | 16 July 1965

ON 16 JULY 1965, the High Court of Australia delivered Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164 (16 July 1965).

http://www.austlii.edu.au/au/cases/cth/HCA/1965/34.html

Where a plaintiff has made out a prima facie case that his or her incapacity was the result of the defendant’s negligence, the onus of adducing evidence that the incapacity was to do with a pre-existing condition, or that the incapacity would have in any event resulted from the pre-existing condition, rests with the defendant. However, the burden remains on the plaintiff on the whole of the evidence to satisfy the court or tribunal of the extent of the injury caused by the defendant’s negligence.

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Damages, Medical negligence, Negligence

Cattanach v Melchior [2003] HCA 38 | 16 July 2003

ON 16 JULY 2003, the High Court of Australia delivered Cattanach v Melchior [2003] HCA 38; 215 CLR 1; 199 ALR 131; 77 ALJR 1312 (16 July 2003).

http://www.austlii.edu.au/au/cases/cth/HCA/2003/38.html

A woman went to a doctor for a sterilisation procedure as she and her husband did not intend to have any more children. She told the doctor that she believed that her right fallopian tube had been removed when she was 15. The doctor performed a tubal ligation on the left fallopian tube and made no further investigation regarding the right tube. As it turned out, the right tube had not been removed and the woman later fell pregnant, unintentionally.

The woman and her husband sued the doctor and the State of Queensland (who ran the hospital) seeking damages for negligence on the grounds that the doctor failed to advise the woman of the risks of conceiving without specific investigation of the right fallopian tube.

The woman and her husband were awarded damages for the costs of raising and maintaining the healthy but unintended child, despite those damages being for pure economic loss (ie not arising from any actual injury).

The Civil Liability Acts have since prohibited awards of damages for the costs of rearing or maintaining a child or the parents’ loss of earnings whilst rearing or maintaining a child.

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Damages, Discrimination Law, Human Rights

Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82

ON 15 JULY 2014, the Full Court of the Federal Court of Australia delivered Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 (15 July 2014).

http://www.austlii.edu.au/au/cases/cth/FCAFC/2014/82.html

On appeal, an employee of Oracle had her damages award increased from $18,000 to $130,000 with respect to sexual harassment she suffered from another employee.

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Sydney, Australia

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Damages, Property Law, Trade Practices

Re Henjo Investments Pty Limited [1989] FCA 246 | 7 July 1989

ON 7 JULY 1989, the Federal Court of Australia delivered Re Henjo Investments Pty Limited; Henry Saade and Saade Developments Pty Limited v Collins Marrickville Pty Limited [1989] FCA 246; 89 ALR 539; (1989) 40 FCR 76 (7 July 1989).

http://www.austlii.edu.au/au/cases/cth/FCA/1989/246.html

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Contract, Damages, United Kingdom

Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1914] UKHL 1 | 1 July 1914

ON 1 JULY 1914, the House of Lords delivered Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79; [1914] UKHL 1 (1 July 1914).

http://www.bailii.org/uk/cases/UKHL/1914/1.html

Liquidated sum clauses are valid and enforceable under contract law; penalty clauses are not. A liquidated sum is a genuine estimate of the losses from a breach; a penalty frightens or deters a party from breach.

A court will construe a clause to be a penalty if:

  • It is extravagant or unconscionable.
  • It is greater than the money payable for a breach for failure to pay money.

A court will presume a clause to be a penalty if it is for a single lump sum payable in the occurrence of one or multiple events, some of which may only warrant minimal damages.

A court will presume a clause to be liquidated if the consequences of a breach are hard or impossible to estimate as it is probable that the pre-estimated damage was the true bargain between the parties.

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Damages, Equity, Injunctions

Chancery Amendment Act 1858 (UK) 1858 (“Lord Cairns’ Act “) | 28 June 1858

ON 28 JUNE 1858, the UK Parliament enacted the Chancery Amendment Act 1858 (UK), also known as the Lord Cairns’ Act 1858.

The Act allowed the English and Irish equity courts to award damages. Until then, equity courts were limited to granting injunctions and specific performance. The Act also allowed the equity courts to call juries.

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Sydney, Australia

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Damages, Personal Injury, Torts

Malec v JC Hutton Pty Ltd [1990] HCA 20 | 26 June 1990

ON 26 JUNE 1990, the High Court of Australia delivered Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638 (26 June 1990).

http://www.austlii.edu.au/au/cases/cth/HCA/1990/20.html

When assessing damages for events that would or would not have occurred, or might or might not have occurred, the approach is different to that events which have occurred.

A court determines on the balance of probabilities whether or not an event has occurred.  For events that would have or might have occurred, the court is to adjust the award of damages to reflect the degree of probability of that event occurring.

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Sydney, Australia

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Damages, Equity, Mortgage

Ozden and Ozden v Commonwealth Bank of Australia [2014] VSCA 127

ON 24 JUNE 2014, the Victorian Court of Appeal delivered Ozden and Ozden v Commonwealth Bank of Australia [2014] VSCA 127 (24 June 2014).

http://www.austlii.edu.au/au/cases/vic/VSCA/2014/127.html

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Damages, Defamation

Carson v John Fairfax & Sons Ltd & Slee [1993] HCA 31

ON 16 JUNE 1993, the High Court of Australia delivered Carson v John Fairfax & Sons Ltd & Slee [1993] HCA 31; (1993) 178 CLR 44 (16 June 1993).

The court held that an award of damages for defamation is for three purposes: (1) consolation for personal distress brought on by the publication (2) reparation for harm done to personal and/or professional reputation and (3) vindication of reputation.

http://www.austlii.edu.au/au/cases/cth/HCA/1993/31.html

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Sydney, Australia

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Compensation to relatives, Damages, Personal Injury, Uncategorized

Chaina v Presbyterian Church (NSW) Property Trust (No. 25) [2014] NSWSC 518

ON 23 MAY 2014, the Supreme Court of NSW delivered Chaina v Presbyterian Church (NSW) Property Trust (No. 25) [2014] NSWSC 518 (“Scots College case”).

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=171197

The parents of a deceased schoolboy and a company related to the parents were awarded damages against the boy’s school arising from admitted negligence causing the boy’s drowning on a school hike in 1999.

The court found that the parents suffered mental harm which resolved by June 2001.

The parents were awarded damages which included an amount of $75,000 for their costs associated with the coronial inquest.

The father was awarded $202,486, the mother was awarded $138,887 and both were awarded $95,00 jointly. The associated company was awarded $56,000 with respect to a claim for loss of services (per quod servitium amisit) arising from the inability of the parents to work whilst suffering from the mental harm.

The amount awarded to the company was significantly less than that which the company had sought.

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Sydney, Australia

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