Really! A claim arises if a loss has been caused.... damages are awarded to compensate for that loss.... if there is no loss then there is no entitlement to damages. You can't have your cake and then go back for more. Also least there is in U.K. there's a duty to mitigate loss .. if it's the same down under .. and I suspect it is ... and you can write it off but don't you can't also have entitlement to damages. No such thing as a right to double recovery .... intention of damages is to put you in the position you would have been before the wrong was done. There endeth the lesson.
