this application, discussed further at Part 6(c)(iv) below. The loss or damage alleged fall in two broad categories: injured feelings (described in [38]) and exacerbation of a pre-existing psychiatric condition (described in [41]). It is appropriate to address each separately.
219 There is no evidence of loss or damage sufferance in any monetary sum, or in any nonmonetary sum giving rise to a reasonable basis for equating or approximating it to that quantum. How the $100,000 proposed was arrived at was not explained. In my view such a large sum in the circumstances of this case called for detailed submissions. In the absence of such submissions, I am not satisfied that anything approaching that sum has even been attempted to be justified.
(i) Exacerbation of a pre-existing psychiatric condition
220 It is well established that damages may be awarded for psychiatric injury, including exacerbation of an existing condition. Ms Tickle's evidence at [41] of her affidavit is that she had started regularly taking unspecified anti-anxiety medication in May 2020, to assist with managing what she described as the emotional aspects of her gender transition. She does not say if she had been diagnosed with a psychiatric condition at that time and, if so, what that is, assuming that such evidence from her was admissible. She does not specify in any detail the kind of symptoms that led to a prescription of this medication, though later makes a reference to a fear that her anxiety attacks will return if she stops taking this medication, suggesting this has been a part of her previous experience. In short, the evidence is vague and makes it impossible to identify any starting point from which further harm can be adjudged.
221 Ms Tickle goes on to say that Ms Grover's actions and the online hate she has received from Ms Grover's supporters has compounded her extant anxiety. Two difficulties arise here. The first is that it is not possible to identify how, if at all, the unlawful discrimination contributed to this condition. Her description of Ms Grover's actions must refer, in the context of the affidavit's preceding paragraphs, to her public comments about Ms Tickle (which are part of the basis of her claim for aggravated damages) and the removal of Ms Tickle from the Giggle App. The difficulty for referring to both together is that, as I explain at [261]–[271] below, I do not accept that Ms Grover's comments about Ms Tickle can properly ground an award of aggravated damages. The second is that she also refers to online hate from persons she takes to be supporters of Ms Grover and again, as explained at [256]–[260] below, I cannot accept this can base an award of damages to be paid by the respondents.
