Hi, I understand what you're saying. You're simply pointing out...

Hi,

I understand what you're saying. You're simply pointing out the breach/causation hurdle and, in accordance will fundamental principles, you have to get over the first hurdle, i.e. liability proven on the balance of probs before you look at whether there is a causal nexus to the damage alleged and, if so, the Court goes on to quantify it. I agree with you that an assessment damages in this case would be an onerous task. At best it would be a broad-brush approach and there's no damages awarded for hurt feelings. I think people should remember that there are a number of evidentiary hurdles that have to be overcome before any question of coin arises.

For those interested in how the assessment of damages is approached, this relatively recent attached NSWCA judgment (attached) provides a good broad-based summary of what is a complicated exercise. If you're keen to go the extra yard, look up the Sellars High Court decision.

Cheers.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWCA/2018/135.html