Aggravated damages for hurt feelings, where ordinary compensatory damages already include compensation for hurt feelings, can only be the increment necessary to bring the award to the upper end of the available range, and are only justified where the defendant's conduct goes beyond ordinary human fallibility. The common law requirement to inform a person of the reason for arrest applies to apprehension under s 24 of the Mental Health Act 1990 (NSW), and is not displaced by the statutory scheme including s 30 which requires the medical superintendent to give an explanation. Contributory negligence is available as a defence to unintended and indirect consequences of an intentional tort such as false imprisonment, but not to the intentional consequences of the tort.
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