LT v RT [2013] NSWDC 251

LT v RT [2013] NSWDC 251

The plaintiff suffered repeated grave sexual and physical abuse by the defendant, causing serious and lasting disruption to her adult life, education, earning capacity and emotional wellbeing. Because judgment had been entered against the defendant and he took no objection to the amount claimed, the Court assessed substantial damages and could award up to 50% above the ordinary District Court jurisdictional limit.

Jurisdiction
Australia
Judgment Date
10 October 2013
Procedural Posture
Civil Tort Claim for Damages for Intentional Trespass to the Person Arising From Sexual Assault and Battery / Assessment of Damages After Judgment Was Entered Against the Defendant for Failure to File a Defence
Outcome
Damages awarded to the plaintiff and the defendant ordered to pay the plaintiff's costs.
Legal Topics
['trespass to Person' 'assault' 'battery' 'sexual Assault' 'aggravated General Damages' 'jurisdictional Limit' 'assessment of Damages']
['tort Law' 'civil Procedure' 'damages'] ['trespass to Person' 'assault' 'battery' 'sexual Assault' 'aggravated General Damages' 'jurisdictional Limit' 'assessment of Damages']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Tort Claim for Damages for Intentional Trespass to the Person Arising From Sexual Assault and Battery / Assessment of Damages After Judgment Was Entered Against the Defendant for Failure to File a Defence

Legal Issues

  1. 1 ['What damages should be assessed for repeated sexual and physical assaults committed by the defendant against the plaintiff during her childhood.' 'Whether the plaintiff was entitled to general damages, aggravated damages, loss of earning capacity, loss of superannuation benefits and out of pocket expenses.' 'Whether damages could exceed the normal District Court jurisdictional limit where the claim involved more than that limit and the defendant took no objection.' 'Whether exemplary damages were available where the defendant was serving a term of imprisonment.']

Ratio Decidendi

The plaintiff suffered repeated grave sexual and physical abuse by the defendant, causing serious and lasting disruption to her adult life, education, earning capacity and emotional wellbeing. Because judgment had been entered against the defendant and he took no objection to the amount claimed, the Court assessed substantial damages and could award up to 50% above the ordinary District Court jurisdictional limit.

Court Disposition

Damages awarded to the plaintiff and the defendant ordered to pay the plaintiff's costs.

Orders

  • ['I award damages of $1,125,000.' 'The defendant is to pay the costs of the plaintiff.']