is no power to award punitive damages for the specific equitable wrong in issue. Spigelman CJ concurred, although he emphasized that the contractual character of the fiduciary relationship in question, and refrained from deciding on whether punitive damages would be available in respect of equitable wrongs more analogous to torts. Mason P dissented and opined that there was no principled reason to award punitive damages in respect of common law torts but not analogous equitable wrongs. England and Wales In England and Wales, exemplary damages are limited to cases in which at least one of the circumstances set out by Lord Devlin in the leading case of Rookes v Barnard has been met: Oppressive, arbitrary or unconstitutional actions by the servants of government. Where the defendant's conduct was 'calculated' to make a profit for himself. Where a statute expressly authorises the same. Rookes v Barnard has been much criticised and has not been followed in Canada, Australia or New Zealand, despite English cases often being influential in other Commonwealth countries. or by the Privy Council. It was strongly criticised by the Court of Appeal in Broome v Cassell, but on appeal the House of Lords upheld Rookes v Barnard. Exemplary damages go beyond the philosophical aims of a contractual remedy and are not available as damages for breach of contract. Lord Atkinson said, in Addis v Gramophone Co Ltd: In 1997 the Law Commission recommended that punitive damages should never be available for breach of contract. Germany German courts do not award punitive damages and consider foreign punitive damages unenforceable to the extent that the payment would exceed the damages plus an allowance for reasonable defence costs big enough so that the plaintiff would get a full reimbursement of its loss but not more. Japan Japanese courts do not award punitive damages as a matter of public policy, and Japanese law prohibits the enforcement of punitive damage awards obtained overseas. In Japan, medical negligence and other species of negligence are governed by the criminal code, which may impose much harsher penalties than civil law. For instance, many causes of action which would subject a defendant to a potential punitive damage award in the U.S. would subject the same individual to prison time in Japan. New Zealand In New Zealand it was held in Donselaar v. Donselaar and confirmed in Auckland City Council v. Blundell that the existence of the Accident