Aggravated damages are not available in claims for negligently inflicted pure psychiatric injury (nervous shock) in NSW, because such an award would circumvent the established limitations on recovery for nervous shock. More broadly, the NSWCA expressed serious doubt whether aggravated damages are ever available in negligence claims, since compensatory damages should normally encompass mental distress and injured feelings. Where a plaintiff had significant pre-existing physical and psychological incapacity before the tort, a lump sum 'cushion' for economic loss may be more appropriate than a calculated weekly loss over the remaining working life.
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