"AM" v KW" [2005] NSWSC 876

"AM" v KW" [2005] NSWSC 876

The Court preferred the plaintiff's evidence to the defendant's evidence, found on the balance of probabilities that the defendant sexually assaulted and committed indecent acts against the plaintiff when the plaintiff was too young to consent, accepted the medical evidence that those acts were the outstanding stressor causing the plaintiff's entrenched psychological and psychiatric problems, and assessed damages globally for general damages and economic loss together with past and future out of pocket expenses.

Jurisdiction
Australia
Judgment Date
05 September 2005
Procedural Posture
Civil Claim for Damages for Sexual Assaults / Trial Judgment
Outcome
Verdict and judgment for the plaintiff in the sum of $444,745.09; defendant to pay the plaintiff's costs as agreed or assessed.
Legal Topics
['sexual Assaults' 'psychological Injury' 'damages' 'causation' 'credibility' 'limitation Period']
['torts' 'personal Injury' 'civil Procedure'] ['sexual Assaults' 'psychological Injury' 'damages' 'causation' 'credibility' 'limitation Period']

Case Brief

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Procedural Posture

Civil Claim for Damages for Sexual Assaults / Trial Judgment

Legal Issues

  1. 1 ["Whether the defendant sexually assaulted or committed indecent acts against the plaintiff when the plaintiff was a child in the defendant's care as a babysitter." "Whether the assaults caused the plaintiff's psychological and psychiatric injuries, including major depression." 'What damages should be awarded for general damages, out of pocket expenses and economic loss.' 'Whether any limitation issue affected the proceedings.']

Ratio Decidendi

The Court preferred the plaintiff's evidence to the defendant's evidence, found on the balance of probabilities that the defendant sexually assaulted and committed indecent acts against the plaintiff when the plaintiff was too young to consent, accepted the medical evidence that those acts were the outstanding stressor causing the plaintiff's entrenched psychological and psychiatric problems, and assessed damages globally for general damages and economic loss together with past and future out of pocket expenses.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $444,745.09; defendant to pay the plaintiff's costs as agreed or assessed.

Orders

  • ['I enter a verdict and judgment in favour of the plaintiff in the sum of $444,745.09.' "The defendant is to pay the plaintiff's costs as agreed or assessed."]