Graves v West (No 2) [2015] NSWSC 306

Graves v West (No 2) [2015] NSWSC 306

Because the defendant had been effectively served by substituted service and did not appear, it was appropriate to proceed ex parte. The defendant's punch was an intentional tort committed with intent to cause injury, so the Civil Liability Act 2002 (NSW) did not govern the assessment of damages. The plaintiff proved substantial physical, dental and psychological injury, past expenses, gratuitous assistance, some future economic risk, future periodontal treatment and a modest risk of further treatment. General, special, future and exemplary damages were awarded, but no separate aggravated damages were awarded because those matters had been taken into account in general damages.

Jurisdiction
Australia
Judgment Date
27 March 2015
Procedural Posture
Damages Assessment for Intentional Tort Arising From Assault During Rugby Union Game / Assessment of Damages After Summary Judgment for the Plaintiff; Proceeding Ex Parte
Outcome
Judgment for the plaintiff against the defendant in the sum of $168,084.21; defendant to pay the plaintiff's costs of the proceedings relating to the determination of damages.
Legal Topics
['intentional Tort' 'assault' 'assessment of Damages' 'ex Parte Hearing' 'general Damages' 'gratuitous Assistance' 'aggravated Damages' 'exemplary Damages' 'future Economic Loss' 'future Out of Pocket Expenses']
['torts' 'damages' 'civil Procedure'] ['intentional Tort' 'assault' 'assessment of Damages' 'ex Parte Hearing' 'general Damages' 'gratuitous Assistance' 'aggravated Damages' 'exemplary Damages' 'future Economic Loss' 'future Out of Pocket Expenses']

Case Brief

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Procedural Posture

Damages Assessment for Intentional Tort Arising From Assault During Rugby Union Game / Assessment of Damages After Summary Judgment for the Plaintiff; Proceeding Ex Parte

Legal Issues

  1. 1 ["Whether the hearing to assess damages should proceed ex parte in the defendant's absence." "Whether the Civil Liability Act 2002 (NSW) applied to the assessment of damages for the defendant's intentional act." "What damages should be awarded for the plaintiff's physical and psychiatric injuries, past and future expenses, gratuitous assistance, future economic loss, aggravated damages and exemplary damages."]

Ratio Decidendi

Because the defendant had been effectively served by substituted service and did not appear, it was appropriate to proceed ex parte. The defendant's punch was an intentional tort committed with intent to cause injury, so the Civil Liability Act 2002 (NSW) did not govern the assessment of damages. The plaintiff proved substantial physical, dental and psychological injury, past expenses, gratuitous assistance, some future economic risk, future periodontal treatment and a modest risk of further treatment. General, special, future and exemplary damages were awarded, but no separate aggravated damages were awarded because those matters had been taken into account in general damages.

Court Disposition

Judgment for the plaintiff against the defendant in the sum of $168,084.21; defendant to pay the plaintiff's costs of the proceedings relating to the determination of damages.

Orders

  • ['Judgment for the plaintiff against the defendant in the sum of $168,084.21.' 'The defendant must pay the costs of the plaintiff of the proceedings relating to the determination of damages.']