Poniatowska v Channel Seven Sydney Pty Ltd

[2020] HCASL 212

PONIATOWSKA

v
CHANNEL SEVEN SYDNEY PTY LTD & ANOR

[2020] HCASL 212
A13/2020

1. The applicant seeks special leave to appeal from the orders of the Full Court of the Supreme Court of South Australia (Kourakis CJ, Blue and Nicholson JJ), declining to hold that the applicant is entitled to an award of aggravated damages and assessing the quantum of damages for her loss of earning capacity.

2. The Full Court's decision to refuse an award of aggravated damages is consistent with established principle and the applicant identifies no reason to doubt the correctness of the Full Court's approach to the assessment of damages for loss of earning capacity.  An appeal to this Court would enjoy no prospect of success.

3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell	G.A.A. Nettle
14 October 2020