Jabbar v Gade (No 2) (pseudonyms) [2021] NSWSC 1660

Jabbar v Gade (No 2) (pseudonyms) [2021] NSWSC 1660

The plaintiff established only the third assault (2 March 2013); the defendant admitted to slapping the plaintiff once on that date and was found civilly liable. The limitation period did not bar that claim as it was not discoverable to the plaintiff until she received legal advice. The other four assaults were either unproven or statute barred. Damages for the 2 March 2013 assault were assessed as $7,000 for general damages only; claims for aggravated and exemplary damages were not made out.

Jurisdiction
Australia
Judgment Date
16 December 2021
Procedural Posture
Amended Statement of Claim for Assault and Battery and Damages / Final Judgment After Hearing
Outcome
Judgment for the plaintiff in respect of the assault of 2 March 2013, with general damages assessed at $7,000. Plaintiff's further claims dismissed.
Legal Topics
['amended Statement of Claim' 'assault and Battery' 'liability' 'damages' 'loss and Injury' 'limitation Period' 'self Represented Litigant' 'costs']
['civil Procedure' 'tort Law'] ['amended Statement of Claim' 'assault and Battery' 'liability' 'damages' 'loss and Injury' 'limitation Period' 'self Represented Litigant' 'costs']

Case Brief

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Procedural Posture

Amended Statement of Claim for Assault and Battery and Damages / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether defendant committed five alleged assaults and battery as pleaded by plaintiff' 'Whether any of the claims are statute barred by limitation periods or foreign law' 'Assessment of damages for any proven assault' 'Whether aggravated or exemplary damages are available']

Ratio Decidendi

The plaintiff established only the third assault (2 March 2013); the defendant admitted to slapping the plaintiff once on that date and was found civilly liable. The limitation period did not bar that claim as it was not discoverable to the plaintiff until she received legal advice. The other four assaults were either unproven or statute barred. Damages for the 2 March 2013 assault were assessed as $7,000 for general damages only; claims for aggravated and exemplary damages were not made out.

Court Disposition

Judgment for the plaintiff in respect of the assault of 2 March 2013, with general damages assessed at $7,000. Plaintiff's further claims dismissed.

Orders

  • ['Defendant to bring in short minutes of order reflecting this judgment within 7 days of its publication.' 'Costs reserved.']