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The argument in the High Court was that NSW had in essence been punished twice for the same wrong and that NSW should not have exemplary damages awarded against it when the two police officers were not before the Court (that is, in the pleadings this was not necessary because of the Police Legislation Amendment (Civil Liability) Act 2003 (NSW) which provided that the tort claim not be made against the police officer concerned but instead the claim is to be made against the Crown). In Ibbett , the joint judgment of Gleeson CJ, Gummow, Kirby, Heydon and Crennan JJ held that the tort of trespass protects the interests of the plaintiff in maintaining the right to exclusive possession of the plaintiff’s place of residence, and aggravated damages may be awarded if that right was infringed (compensatory) and that exemplary damages (punitive) is different. Thus there was no double punishment. In Lamb v Cotogno , [11] the High Court held that malice on the part of the defendant was not necessary for exemplary damages to be awarded; however, exemplary damages may be awarded where the defendant’s conduct is malicious, contumelious or insolent. Equitable wrongs. Palácio da Liberdade, em Belo Horizonte, aos 27 de aposta esportiva bets 160 dezembro de 2018; 230º da Inconfidência Mineira e 197º da Independência do Brasil. The bench comprised Elias CJ, Blanchard, Tipping, McGrath and Wilson JJ. Chief Justice Elias referred to and mostly endorsed the Privy Council’s decision in Buttril v A , [15] which held that under the common law of New Zealand the court’s jurisdiction to award exemplary damages in cases of negligence is not rigidly confined to cases where the defendant intended to cause the harm or was consciously reckless as to the risks involved. Elias CJ further noted that all members of the court were in agreement that exemplary damages are available in negligence and are not confined to intentional torts. However, the Chief Justice declined to impose, as a matter of law, a precondition that the defendant must consciously run the risk of harm to the plaintiff, as this would restrict the jurisdiction to mark society’s condemnation of outrageous behaviour by the defendant and the ‘needs of modern New Zealand society’ (whatever they are). He also disagreed with the suggestion that in not following Buttrill the Court of Appeal (below) brought New Zealand law back into line with Australia and Canada. He said that in Australia the High Court, in Uren , has not decided whether a ‘conscious appreciation of the risk to the plaintiff is a precondition of an award of exemplary damages in negligence’. But the majority of the High Court in the Gray case considered that ‘conscious wrongdoing in contumelious disregard of another’s right describes at least the greater part of the field’.
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