General damages for distress and emotional harm are not recoverable in equity for breach of confidence; the remedy is limited to injunctive relief, account of profits, or delivery up. The tort of intentional infliction of mental harm (Wilkinson v Downton) requires recognised psychiatric or physical injury — mere distress, annoyance and embarrassment are insufficient. Australian law does not presently recognise a freestanding tort of invasion of privacy. Exemplary damages are barred where the defendant has already received substantial criminal punishment for the same conduct. The case was subsequently appealed to the Victorian Court of Appeal.
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