The appropriate measure of damages will be determined by the
circumstances of the claim being litigated and the remedies sought
by the parties, and will principally be determined by:
- The nature of the wrongful conduct; and/or
- Whether or not the wrong was committed in contravention of
relevant statutory or legislative provisions.
By extension, the approach and loss calculation methodologies
adopted by a forensic accountant should be congruent with the
appropriate measure of damages contemplated by the remedy sought by
the plaintiff. Applying the wrong measure of damages, or applying
the measure incorrectly could potentially, in the eyes of the
Court, taint the quality of the expert evidence given.
