Key Points: - The claim is for unliquidated general damages; liability established; damages to be assessed. (!) (!) - The court held that summary judgment may be entered on liability but damages must be assessed. (!) (!) - The burden of proof lies on the claimant to prove damages to the requisite standard. (!) (!) - Damages cannot be presumed; must be substantiated with specific proof. (!) (!) (!) - Damages assessment occurred before the Deputy Registrar/High Court judge; damages must be quantified with evidence, not assumed. (!) (!) (!) - The Court of Appeal affirmed that damages must be assessed and rejected a pure summary judgment for the full amount where damages are unascertained. (!) (!) - General principle: damages aim to compensate so as to place the claimant in the position if the wrong had not occurred; burden to prove actual loss. (!) (!)

How to determine when summary judgment can be entered for unliquidated damages where liability is established?

What is the proper approach to assessing damages after a summary judgment on liability?

What are the rights of a claimant to prove damages when liability is admitted or established in the context of an O 14 application?