AA v PD [2022] NSWSC 1039

AA v PD [2022] NSWSC 1039

The Court found that the defendant did, in late 1972, enter the shower with the plaintiff and commit a battery by masturbating him without consent, which constituted assault and battery. The finding was based on the plaintiff's consistent evidence, corroborating circumstances, absence of contrary evidence from the defendant, relationship evidence, and admissions regarding conviction. The plaintiff suffered mild and intermittent psychiatric injury as a result, including Alcohol Use Disorder, Other Specified Trauma and Stressor Related Disorder, and Cannabis Use Disorder (in remission). Damages, including general damages, interest, past economic loss, superannuation, and future expenses,...

Parties
Plaintiff: AA; Defendant: PD
Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Principal Judgment / Trial
Outcome
Judgment for the plaintiff. Verdict and judgment for the plaintiff in the sum of $217,550.00.
Legal Topics
Trespass to the Person, Assault and Battery, Historical Sexual Misconduct, Damages for Psychiatric Harm, Assessment of Damages, Tendency Evidence, Limitation Periods, Aggravated Damages
Torts Evidence Limitation of Actions Trespass to the Person Assault and Battery Historical Sexual Misconduct Damages for Psychiatric Harm Assessment of Damages +3 more

Case Brief

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Parties

AA

Plaintiff

PD

Defendant

Procedural Posture

Principal Judgment / Trial

Legal Issues

  1. 1 Whether the defendant committed assault and battery against the plaintiff in late 1972
  2. 2 Whether the conduct caused psychiatric harm to the plaintiff
  3. 3 Whether damages can be recovered for historical sexual misconduct

Ratio Decidendi

The Court found that the defendant did, in late 1972, enter the shower with the plaintiff and commit a battery by masturbating him without consent, which constituted assault and battery. The finding was based on the plaintiff's consistent evidence, corroborating circumstances, absence of contrary evidence from the defendant, relationship evidence, and admissions regarding conviction. The plaintiff suffered mild and intermittent psychiatric injury as a result, including Alcohol Use Disorder, Other Specified Trauma and Stressor Related Disorder, and Cannabis Use Disorder (in remission). Damages, including general damages, interest, past economic loss, superannuation, and future expenses,...

Court Disposition

Judgment for the plaintiff. Verdict and judgment for the plaintiff in the sum of $217,550.00.

Orders

  • Verdict and judgment for the plaintiff in the sum of $217,550.00
  • Court to hear parties on costs