“B” v Reineker [2015] NSWSC 949

“B” v Reineker [2015] NSWSC 949

The plaintiff's uncontroverted evidence established tortious liability for trespass to person by sexual assault; damages were assessed based on serious psychological harm and loss of earning capacity; exemplary damages were declined due to prior criminal punishment.

Parties
Plaintiff: "B"; First Defendant: Darryl Reineker; Second Defendant: Moree Christian School
Jurisdiction
Australia
Judgment Date
20 July 2015
Procedural Posture
Principal Judgment / Final Judgment After Trial (undefended as Against First Defendant, Discontinuance as Against Second Defendant)
Outcome
Judgment for the plaintiff against the first defendant in the sum of $1,228,000; first defendant to pay plaintiff's costs.
Legal Topics
Trespass to Person, Sexual Assault, Damages, Limitation Period, Aggravated Damages, Exemplary Damages
Tort Law Common Law Trespass to Person Sexual Assault Damages Limitation Period Aggravated Damages Exemplary Damages

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Parties

"B"

Plaintiff

Darryl Reineker

First Defendant

Moree Christian School

Second Defendant

Procedural Posture

Principal Judgment / Final Judgment After Trial (undefended as Against First Defendant, Discontinuance as Against Second Defendant)

Legal Issues

  1. 1 Whether the first defendant committed trespass to person by multiple sexual assaults between 2001 and 2008
  2. 2 Whether limitation period was waived
  3. 3 Assessment and basis of damages including general, aggravated and exemplary damages

Ratio Decidendi

The plaintiff's uncontroverted evidence established tortious liability for trespass to person by sexual assault; damages were assessed based on serious psychological harm and loss of earning capacity; exemplary damages were declined due to prior criminal punishment.

Court Disposition

Judgment for the plaintiff against the first defendant in the sum of $1,228,000; first defendant to pay plaintiff's costs.

Orders

  • Judgment for the plaintiff against the first defendant in the sum of $1,228,000.
  • Order the first defendant to pay the plaintiff's costs of the proceedings.