Legislation in all Australian jurisdictions allows courts to award damages in addition to, or in lieu of, specific performance or an injunction. Although these are sometimes called ‘equitable damages’, to avoid confusion with equitable compensation, they are called ‘Lord Cairns’ Act damages’ in this book and i the principles text.
These damages are primarily awarded for proprietary torts such as trespass, and for breaches of negative covenant where no other relief is available. The quantum varies, and the measurement of ‘reasonable fee’ awards in particular is still controversial
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