APC v Mr B (No 2) [2024] NSWSC 1608

APC v Mr B (No 2) [2024] NSWSC 1608

The Court was satisfied, on credible and corroborated evidence (including Mr B’s admissions), that Mr B sexually abused APC as a child, causing serious, ongoing psychological, social and economic harm. Mr B’s defence of fabrication and conspiracy was rejected as unsupported. APC was entitled to compensatory, aggravated, and exemplary damages, quantum to be determined after parties’ further submissions.

Parties
Plaintiff: APC; Defendant: Mr B
Jurisdiction
Australia
Judgment Date
13 December 2024
Procedural Posture
Tort (historical Child Sexual Abuse) / Principal Judgment; Damages to Be Determined After Further Submissions
Outcome
Judgment for the plaintiff; damages to be determined.
Legal Topics
Historical Child Sexual Abuse, Damages Assessment, Credibility, Aggravated and Exemplary Damages, Freezing Orders, Suppression Orders
Torts Common Law Historical Child Sexual Abuse Damages Assessment Credibility Aggravated and Exemplary Damages Freezing Orders Suppression Orders

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Parties

APC

Plaintiff

Mr B

Defendant

Procedural Posture

Tort (historical Child Sexual Abuse) / Principal Judgment; Damages to Be Determined After Further Submissions

Legal Issues

  1. 1 Whether historical child sexual abuse was committed by Mr B against APC
  2. 2 Whether APC’s damages resulted from Mr B’s abuse
  3. 3 Credibility of witnesses

Ratio Decidendi

The Court was satisfied, on credible and corroborated evidence (including Mr B’s admissions), that Mr B sexually abused APC as a child, causing serious, ongoing psychological, social and economic harm. Mr B’s defence of fabrication and conspiracy was rejected as unsupported. APC was entitled to compensatory, aggravated, and exemplary damages, quantum to be determined after parties’ further submissions.

Court Disposition

Judgment for the plaintiff; damages to be determined.

Orders

  • Pseudonym and suppression orders pursuant to Court Suppression and Non-publication Orders Act; parties to file proposed orders for damages and costs; freezing order remains in force; costs to be borne by Mr B unless otherwise argued.