Provisional damages

Reference received: 28 August 1990 


Report 78: Provisional Damages (PDF, 195.9 KB), September 1996

Judicial citation: Allianz Australia Insurance Ltd v McGrath [2011] NSWCA 153 [8]

Tabled in parliament: 14 November 1996

Discussion paper

​Discussion Paper 25: Provisional Damages, January 1992​​  

Terms of reference

To inquire into and report upon:

  1. the manner of assessment of damages (whether in respect of tort or other breach of duty) in cases where uncertainty exists as to the future conditions or events relevant to the quantum of the plaintiff's recoverable loss;
  2. the desirability of the introduction of a scheme enabling a court to defer the final assessment of damages in order to allow the quantum of loss to be determined more precisely;
  3. the form of any such scheme, including consideration of the court's power to make orders for provisional damages pending final assessment of loss;
  4. any related matter. 
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