Poniatowska v Channel Seven Sydney Pty Ltd

PONIATOWSKA
v
CHANNEL SEVEN SYDNEY PTY LTD & ANOR
[2020] HCASL 212
A13/2020

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.
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.
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

CaseChat Overview and Summary

Poniatowska, the applicant, filed a special leave application seeking to appeal against the orders of the Full Court of the Supreme Court of South Australia in relation to the assessment of damages for her loss of earning capacity. The Full Court had declined to hold that the applicant was entitled to an award of aggravated damages and assessed the quantum of damages for her loss of earning capacity. The High Court of Australia was asked to review the Full Court's decision, focusing on the denial of aggravated damages and the assessment of damages for loss of earning capacity.

The legal issues before the High Court were whether the Full Court had correctly exercised its discretion in refusing to award aggravated damages and whether the Full Court had properly assessed the quantum of damages for the applicant's loss of earning capacity. The court was required to examine the principles guiding the award of aggravated damages and the methodology employed in assessing damages for loss of earning capacity.

The High Court found that the Full Court's decision to refuse an award of aggravated damages was consistent with established legal principles. The court concluded that the Full Court had correctly applied the relevant legal principles in its assessment of damages for loss of earning capacity. The High Court held that the applicant had not provided any reason to doubt the correctness of the Full Court's approach. Consequently, the application for special leave to appeal was dismissed, and the Registrar was directed to draw up, sign, and seal an order dismissing the application with costs. The decision underscored the importance of adhering to established legal principles in assessing damages and highlighted the limited circumstances in which an appeal to the High Court would be entertained.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established