“Proper compensation demands that a tortfeasor must make good losses they caused a claimant to suffer and put the claimant in the position as if no wrong had been committed. But should that compensation extend to cover loss of enjoyment for use of property? In Arsalan v Rixon; Nguyen v Cassim [2021] HCA 40 the High Court of Australia held that it should. This explicit recognition of loss of amenity damages comes after a series of conflicting authorities on the point in both English and Australian law, and may prove fecund …”
€ (Westlaw)
Harry Sanderson and Kanaga Dharmananda SC, ‘Needs and wants: recovering loss of enjoyment damages in Australia’ (2022) 138 Law Quarterly Review (July) 353-357.
First posted 2022-06-04 11:45:10
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