BJ by his next friend Brian Edward Jones v Wilcox & Anor [2008] NSWSC 1332

BJ by his next friend Brian Edward Jones v Wilcox & Anor [2008] NSWSC 1332

Damages caused by intentional assault are assessed at common law, not under the Civil Liability Act 2002. The plaintiff, having suffered catastrophic and permanent injuries due to the intentional actions of the first defendant, is entitled to substantial damages for general damages, economic loss, care, medical and associated needs for life, with the quantum calculated based on the evidence presented.

Jurisdiction
Australia
Judgment Date
11 December 2008
Procedural Posture
Tort Assault / Assessment of Damages After Default Judgment
Outcome
Judgment for the plaintiff against the first defendant in the amount of $12,949,505.45.
Legal Topics
['assault' 'assessment of Damages' 'non Application of Civil Liability Act 2002']
['tort'] ['assault' 'assessment of Damages' 'non Application of Civil Liability Act 2002']

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Procedural Posture

Tort Assault / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 ['Whether the Civil Liability Act 2002 applies to assessment of damages for intentional assault' 'Assessment of damages for injuries suffered as a result of assault']

Ratio Decidendi

Damages caused by intentional assault are assessed at common law, not under the Civil Liability Act 2002. The plaintiff, having suffered catastrophic and permanent injuries due to the intentional actions of the first defendant, is entitled to substantial damages for general damages, economic loss, care, medical and associated needs for life, with the quantum calculated based on the evidence presented.

Court Disposition

Judgment for the plaintiff against the first defendant in the amount of $12,949,505.45.

Orders

  • ['Judgment in favour of the plaintiff against the first defendant in the amount of $12,949,505.45.' "First defendant to pay the plaintiff's costs of these proceedings."]