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Exemplary damages

Exemplary damages are awarded to punish the defendant's behaviour and make a public example of them. They can be awarded if a defendant has behaved in a way which is particularly outrageous, for example by subjecting the plaintiff to particular humiliation or distress. The more outrageous the defendant's deliberate behaviour, the greater the exemplary damages.

Such damages are sometimes called punitive damages, vindictive damages, or retributory damages.

Lamb v Cotogno (1987) 164 CLR 1.