David Jones: Punitive, Aggravated or just Plain Damages

Kristy Fraser-Kirk's claim against retailer David Jones is attracting headlines not only because of its high profile participants but also because of the new light it is shedding on damages in the Australian legal system.

 

“The quantum of Fraser-Kirk's claim has raised plenty of eyebrows in legal and business circles. To say that the case is unprecedented does not adequately highlight the enormous gulf that exists between the amount of damages that have previously been awarded to successful claimants for claims of this nature, and those claimed by Fraser-Kirk.

 

A more interesting aspect of the claim is the claim for punitive damages – both the basis on which it has been made as well as the amount sought.”

 

Do you think it is a fair amount of damages to be awarded in a punitive claim? Do you think Fraser-Kirk is unrealistic in her expectations?

 

Follow the discussion by Clayton UTZ Lawyer, Millen Lo, here.