Archive for Damages – General Principles

Exemplary damages: general principles and criminal penalty

Cheng v Farjudi [2016] NSWCA 316

Principles

[49] Because, as her Honour observed, the usual rule is that exemplary damages are not awarded where a person has been subject to a criminal sanction, I have found it appropriate to re-visit the principles governing such an award than might otherwise be necessary, those principles being well established.

[50] Uren v John Fairfax & Sons Pty Ltd [1966] HCA 40 ; 117 CLR 118 was a defamation case arising out of articles in a newspaper that suggested an MP had been duped by a Russian spy. Windeyer J, at 153, made the following observations:

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Statutory construction and the rule against double compensation

STATUTORY INTERPRETATION – application of general law principles to statutory compensation scheme – construing two statutes of the same legislature conformably – whether provisions of one statute picked up by second statute

WORKERS’ COMPENSATION – dust diseases – whether qualified claimant entitled to payment of benefit – whether Dust Diseases Board entitled to refuse claim where damages recovered – whether general law prohibition on double recovery applies to a claim for compensation under Workers’ Compensation (Dust Diseases) 1942 (NSW)

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