Gray v Motor Accident Commission [1998] HCA 70

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Facts
  • Mr Gray was deliberately struck by a car
  • He started civil proceedings
  • These were simultaneous to criminal proceedings
Issue
  • Define aggravated damages
Held
  • Aggravated damages are awarded for the pain and suffering and humiliation caused in certain tortious actions. They were not awarded in this case.
  • They will be very rarely be awarded
  • They are compensatory damages and contrast against exemplary damages
Quote

“aggravated damages are given to compensate the plaintiff when the harm done to him by a wrongful act was aggravated by the manner in which the act was done:  exemplary damages, on the other hand, are intended to punish the defendant.”


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