Aggravated, Exemplary and Restitutionary Damages

Current project status

• Initiation: Could include discussing scope and terms of reference with lead Government Department
• Pre-consultation: Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project
• Consultation: Likely to include consultation events and paper, making provisional proposals for comment
• Policy development: Will include analysis of consultation responses. Could include further issues papers and consultation on draft Bill
• Reported: Usually recommendations for law reform but can be advice to government, scoping report or other recommendations

Government rejected the recommendations we made on this project

We published our final report on this project on 16 November 1997. In the report we make recommendations for the reform of exemplary damages, which aim to punish the wrongdoer. We consider that aggravated damages should be viewed as purely compensatory and recommend that, if exemplary (or ‘punitive’) damages are retained, their availability must be placed on a principled footing. And we state our basic position that development of the law on restitution for wrongs is most appropriately left to the courts.