Man Assaulted in Pub Attack awarded damages – but is it enough?

Monday , 11, January 2016 Leave a comment

You go out for a quick lunch and drink with some mates at the local pub, all of a sudden you are set upon by a stranger in a serious assault by two hoodlums in the bar.

As a result during the assault  you lose consciousness, sustain amnesia and significant dental injuries which require the removal of two front teeth under general anaesthesia and their replacement by dental implants and crowns.

You also suffer psychological issues the details of which are the subject of a report of Dr Wayne Mason, Consultant Psychiatrist, dated 19 May 2014.

The two people who attacked you do not even turn up at Court to answer the Charges.

Your total expenses suffered amount to some $55,000 which the Court awards you and now the Court considers two issues.

Aggravated Damages

This is where the Court considers compensation for the damage done to you.  The Court will consider the seriousness of the misconduct and the worse the conduct or the more aggravated the manner the greater the damages.


Exemplary damages

The authority case is Gray v Motor Accident Commission [1998] HCA 70 which discusses the punitive nature of exemplary damages, essentially it is intended to punish the wrongdoer and deter others from similar conduct.

In this case MacDougal v Mitchell [2015] NSWCA 389 after all the pain and suffering and having to go to Court to recover the costs of the damage done to him, the Court awarded Mr MacDougal $10,000 in aggravated damages and $20,000 in Exemplary damages.



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