EF v GH [2023] NSWDC 538

Procedural Posture

Civil Claim in Tort for Battery and Consequential Psychiatric Injury Arising From Historic Child Sexual Abuse / Assessment of Damages After the Defendant's Defence Was Struck Out and Judgment Was Entered for the Plaintiff

Legal Issues

1. 1 ['Whether ACT law applied as the proper law of the tort because the alleged battery occurred in the ACT.' 'Whether the limitation bar was removed for a cause of action substantially arising from child sexual abuse.' 'Whether the pleaded and accepted sexual touching and digital penetration amounted to intentional battery.' 'What damages should be awarded for non-economic loss, aggravated damages, out-of-pocket expenses, past economic loss, future loss of earning capacity and superannuation.']

Ratio Decidendi

Because the defendant's Defence had been struck out, the pleaded facts and liability were admitted; the plaintiff's accepted evidence established intentional sexual batteries when she was 12, including digital vaginal penetration and other sexual touching, causing psychiatric conditions partly attributable to the abuse. ACT law applied as the lex loci delicti and any limitation bar was removed for child sexual abuse. Assessing damages by reference to the accepted psychiatric evidence, the plaintiff's evidence, causal attribution and the need to avoid double counting, the Court awarded total damages of $645,000 plus costs.

Court Disposition

Judgment for the plaintiff against the first defendant in the sum of $645,000, with costs payable by the first defendant as agreed or assessed and liberty to seek a different costs order within 14 days.

Orders

• ['Judgment for the plaintiff against the first defendant in the sum of $645,000.' "The first defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed." 'Liberty to the parties to seek a different costs order to that set out in Order 2 above within 14 days.']