Lewis v Australian Capital Territory

The appeal in *Lewis v Australian Capital Territory* concerned an award of nominal damages of $1.00 made by the trial judge in favour of the appellant, Mr Lewis, who had been unlawfully imprisoned for 82 days following the unlawful cancellation of his periodic detention order. The appeal was heard by the Supreme Court of the Australian Capital Territory, constituted by Elkaim, Loukas-Karlsson and Charlesworth JJ.

The central legal issues before the Full Court were whether the trial judge erred in limiting the damages to a nominal sum, and whether the principle of inevitability applied to preclude the appellant from recovering substantial damages for his unlawful imprisonment. The Court also considered the nature and availability of vindicatory damages as a distinct category of compensation in Australian law.

The Full Court held that the trial judge had erred in applying the principle of inevitability, which dictates that if an event is inevitable, damages cannot be recovered for that event. The Court reasoned that the principle of inevitability was not applicable in this context, as the appellant's imprisonment was not an inevitable consequence of the unlawful cancellation of his detention order. Furthermore, the Court affirmed that vindicatory damages, intended to vindicate a plaintiff's rights and deter future wrongdoing, are a recognised head of damages in Australian law, distinct from compensatory damages. The Court found that the appellant was entitled to more than nominal damages to reflect the seriousness of the infringement of his rights.

The Full Court allowed the appeal, set aside the award of nominal damages, and remitted the matter to the trial judge for reassessment of damages, including consideration of vindicatory damages.