Fede v Gray by his tutor New South Wales Trustee and Guardian [2018] NSWCA 316

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Fede v Gray by his tutor New South Wales Trustee and Guardian [2018] NSWCA 316 Hearing dates: 30 July 2018 Decision date: 14 December 2018 Before: McColl JA at [1], Basten JA at [165], Meagher JA at [211] Decision: (1) Grant leave to Ms Fede to appeal and grant leave to Mr Gray to cross-appeal. (2) Allow both the appeal and the cross-appeal. (3) Direct that the appellant and cross-appellant file the draft notices of appeal and cross-appeal within 14 days. (4) Set aside orders (1) and (2) made in the District Court on 15 December 2017. (5) In place thereof give judgment for the plaintiff (Ms Fede) in an amount of $5,000. (6) Make no order as to the costs in the District Court or in this Court. Catchwords: DAMAGES – exemplary damages – injury caused by defendant biting officer's leg while being restrained – relevance of defendant's drug use and psychosis – whether defendant committed conscious wrongdoing in contumelious disregard of plaintiff's rights – whether exemplary damages should have been awarded – Gray v Motor Accident Commission (1998) 196 CLR 1; [1998] HCA 70 applied

DAMAGES – future economic loss – circumstances in which buffer appropriate

DAMAGES – whether assessment governed by Civil Liability Act 2002 (NSW) – intentional act done with intent to cause injury – Civil Liability Act, s 3B(1)(a) – whether defendant's act intentional where directed by conscious mind – whether defendant not understanding nature and quality of action can intend to cause injury