What is the value of freedom? Nominal damages for false imprisonment: Fernando v Commonwealth of Australia (No 5) [2013] FCA 901

Research output: Contribution to journalArticle

Abstract

Lloyd Fernando’s freedom is not worth much. For 1,203 days of false imprisonment he was compensated with nominal damages of just $1. He was denied substantial or aggravated damages, but awarded $25,000 in exemplary damages and, potentially, indemnity costs. The decision is a controversial application of fundamental principles relevant to the assessment of damages in tort. The case illustrates that, in the context of tort, the value of freedom depends on the person imprisoned.
Original languageEnglish
Pages (from-to)117-119
JournalThe tort Law Review
Volume21
Issue number3
Publication statusPublished - 2013

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