AA v BB [2013] NSWSC 1956

AA v BB [2013] NSWSC 1956

Damages were assessed on the basis that the defendant's repeated sexual assault caused profound psychiatric and psychological harm, disruptively affected the plaintiff's education, employment and relationships, and justified general, aggravated, and exemplary damages. The plaintiff's symptoms and impairments were found attributable to the defendant's conduct alone, with no proven contributory effect from family history.

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Assessment of Damages / Judgment
Outcome
Judgment for the plaintiff with damages assessed.
Legal Topics
['assessment of Damages' 'sexual Interference With Child' 'psychiatric and Psychological Harm' 'aggravated Damages' 'exemplary Damages']
['torts'] ['assessment of Damages' 'sexual Interference With Child' 'psychiatric and Psychological Harm' 'aggravated Damages' 'exemplary Damages']

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Procedural Posture

Assessment of Damages / Judgment

Legal Issues

  1. 1 ["Extent of plaintiff's entitlement to damages arising from repeated and prolonged sexual assault by biological father" 'Causation and impact of psychiatric and psychological harm, including post-traumatic stress disorder and depression' 'Aggravated and exemplary damages for breach of trust and contumelious conduct']

Ratio Decidendi

Damages were assessed on the basis that the defendant's repeated sexual assault caused profound psychiatric and psychological harm, disruptively affected the plaintiff's education, employment and relationships, and justified general, aggravated, and exemplary damages. The plaintiff's symptoms and impairments were found attributable to the defendant's conduct alone, with no proven contributory effect from family history.

Court Disposition

Judgment for the plaintiff with damages assessed.

Orders

  • ['Damages assessed at $725,000.00; the defendant may deduct $25,000.00 previously paid.' "Defendant to pay the plaintiff's costs of the action."]