KS v GR [2020] NSWDC 73

KS v GR [2020] NSWDC 73

Because default judgment had been entered, the court's task was to assess damages. The plaintiff's oral evidence and police statement, supported by the defendant's criminal convictions and medical evidence, established to the required standard that the defendant repeatedly sexually assaulted her as a child and thereby committed batteries. The assaults were intentional, the Civil Liability Act 2002 (NSW) did not apply to a major extent, and the common law assessment of damages applied. The assaults were the clear likely major cause of the plaintiff's psychiatric conditions. The appropriate award was $300,000 general damages, interest on past general damages after deducting the defendant's...

Jurisdiction
Australia
Judgment Date
26 March 2020
Procedural Posture
Civil Claim for Damages in Tort for Battery and Consequential Psychiatric Injury Arising From Historic Child Sexual Abuse / Assessment of Damages After Default Judgment Entered on 24 February 2020
Outcome
Judgment for the plaintiff against the defendant in the sum of $622,182, with costs to be paid by the defendant as agreed or assessed and liberty to seek a different costs order within 14 days.
Legal Topics
['battery' 'intentional Torts' 'historic Sexual Child Abuse' 'psychiatric Injury' 'default Judgment' 'general Damages' 'aggravated Damages' 'future Out of Pocket Expenses' 'interest on Past General Damages']
['torts' 'personal Injury' 'civil Procedure' 'damages'] ['battery' 'intentional Torts' 'historic Sexual Child Abuse' 'psychiatric Injury' 'default Judgment' 'general Damages' 'aggravated Damages' 'future Out of Pocket Expenses' 'interest on Past General Damages']

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Procedural Posture

Civil Claim for Damages in Tort for Battery and Consequential Psychiatric Injury Arising From Historic Child Sexual Abuse / Assessment of Damages After Default Judgment Entered on 24 February 2020

Legal Issues

  1. 1 ['What damages should be assessed for the plaintiff after default judgment for battery arising from historic sexual abuse by the defendant when the plaintiff was a child.' 'Whether the Civil Liability Act 2002 (NSW) applied to the claim arising from sexual assaults.' 'Whether the plaintiff established, to the required standard, the sexual assaults and resulting psychiatric injuries.' 'What amounts should be awarded for general damages, interest, future out of pocket expenses and aggravated damages.']

Ratio Decidendi

Because default judgment had been entered, the court's task was to assess damages. The plaintiff's oral evidence and police statement, supported by the defendant's criminal convictions and medical evidence, established to the required standard that the defendant repeatedly sexually assaulted her as a child and thereby committed batteries. The assaults were intentional, the Civil Liability Act 2002 (NSW) did not apply to a major extent, and the common law assessment of damages applied. The assaults were the clear likely major cause of the plaintiff's psychiatric conditions. The appropriate award was $300,000 general damages, interest on past general damages after deducting the defendant's...

Court Disposition

Judgment for the plaintiff against the defendant in the sum of $622,182, with costs to be paid by the defendant as agreed or assessed and liberty to seek a different costs order within 14 days.

Orders

  • ['Judgment for the plaintiff against the defendant in the sum of $622,182.' "The 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 in (2) above within 14 days.']