(b) General damages
216 The purpose of the Court's statutory power to award damages for any loss or damage suffered because of the conduct under s 46PO(4)(d) is to compensate the applicant, not punish the respondent: Wotton v Queensland (No 5) [2016] FCA 1457; 352 ALR 146 at [1600] (Mortimer J, as the Chief Justice then was). When it came to the question of general damages, the only dispute, if liability was established, was as to quantum. In closing oral submissions, Ms Tickle sought an award of $100,000, while the respondents sought only a nominal sum in the order of a few thousand dollars if a finding of contravention was made. Neither stance was the subject of much more than assertion. The loss was not properly quantified or otherwise explained by Ms Tickle, and the figures advanced by the respondents accorded with their view that even if the Court concluded that they had discriminated, they had not done anything that was really of a kind that warranted more than a nominal response. I am unable to accept either stance.
217 Ms Tickle has adduced no observational, medical or other expert evidence to quantify loss or damage. The only evidence she relies upon is contained in the following three short paragraphs of her affidavit:
[38] The above events involving the Giggle App and Ms Grover have had a significant impact on my life. The respondents' unilateral decision that I am not a woman, and therefore cannot access the Giggle App, has upset me greatly and has resulted in me having to go to great lengths to prove that I am a woman. It has been exhausting and draining to do so.
[39] Ms Grover's public statements about me and this case have been distressing, demoralising, embarrassing, draining and hurtful. This has led to individuals posting hateful comments towards me online and indirectly inciting others to do the same. Ms Grover's online posts reach large domestic and international audiences, which has led to the scale of online hate towards me being enormous. This has consumed my life outside of my work and sport, which has led to me experiencing constant anxiety and occasional suicidal thoughts.
…
[41] I have been regularly taking anti-anxiety medication since May 2020 to assist with managing the emotional aspects of my gender transition. Ms Grover's actions and the online hate I have received from her supporters, who are actively working towards stopping me from living as a woman, compounds my extant anxiety. I earnestly wish to wean myself off my anti-anxiety medication now that my gender transition is nearly complete, though I am fearful that my anxiety attacks will return if I do so, due to the stress and anxiety I have experienced from Ms Grover's actions and this legal case.
218 The whole of the evidence for loss or damage because of the unlawful discrimination is contained in [38] and [41]. Paragraph 39 pertains to Ms Tickle's claim for aggravated damages, made on the basis of comments by Ms Grover and her supporters subsequent to the filing of
