Harris v Digital Pulse Pty Ltd [2003]

Key Notes

This Australian case addressed the awarding of exemplary damages for breach of an equitable fiduciary duty. Initially, such damages were awarded, but this decision was reversed on appeal. The appellate court ruled that it is impermissible to apply a common law remedy, such as exemplary damages, to an equitable wrong.

Chief Justice Spigelman emphasised the importance of maintaining the distinction between law and equity, arguing that it would be "inappropriate" to fuse the two. He stressed the need to "acknowledge and respect the collective wisdom of our predecessors," advocating for the preservation of the traditional boundaries between legal and equitable principles.

The case supports the position that equity should retain its distinct role in the legal system, operating as a complementary rather than identical framework to common law.