15 Aug 2006
HARRIS V DAVIES HC MAS CIV-2003-435-21
- Citation
- openlaw-2c616e58_8ae5_4638_92de_01b417f2123b.pdf
- Court
- High Court
Although the Court found on the balance of probabilities that battery occurred, exemplary damages were declined because the plaintiff refused to cooperate with criminal proceedings (failed to give evidence at depositions despite arrest and attendance), thereby frustrating the criminal process and making criminal justice the appropriate forum for punishment and condemnation; accordingly an award of exemplary damages would be inappropriate.