MacDougal v Mitchell

The case of *MacDougal v Mitchell* concerned an appeal from a decision of Judge R A Sorby made on 27 February 2015. The applicant, MacDougal, sought to appeal against the original judgment, which had awarded damages against both respondents.

The primary legal issues before the appellate court were whether the original award of damages was justified, specifically concerning the inclusion of aggravated and/or exemplary damages, and whether a "cushion" for future economic loss should have been awarded. The court was required to consider the applicable principles for assessing the quantum of aggravated and exemplary damages.

The Court of Appeal granted leave to appeal and allowed the appeal in part. It set aside the original order and entered judgment for the applicant against both respondents in the sum of $110,500. The respondents were ordered to pay the applicant’s costs of the summons for leave to appeal and the appeal, with a provision for a certificate under the *Suitors’ Fund Act 1951* (NSW) if qualified.