MC v Morris [2019] NSWSC 1326

MC v Morris [2019] NSWSC 1326

The default judgment established liability for the six pleaded sexual assaults, and the evidence satisfied the Court that those assaults caused the plaintiff's enduring psychiatric injury, related physical health deterioration, loss of earning capacity and need for future care. Exemplary damages were unavailable because the civil liability case was coextensive with the criminal case for which the defendant had received substantial punishment. The plaintiff was therefore entitled to compensatory damages, including aggravated damages, assessed at $3,510,513.

Jurisdiction
Australia
Judgment Date
03 October 2019
Procedural Posture
Assessment of Damages for Assault and Battery in the Nature of Sexual Abuse / Damages Assessment After Default Judgment for the Plaintiff on Liability
Outcome
Judgment for the plaintiff for $3,510,513. Defendant to pay the plaintiff's costs.
Legal Topics
['sexual Assaults' 'general and Aggravated Damages' 'exemplary Damages' 'psychiatric Injury' 'loss of Earning Capacity' 'medical Care Expenses' 'civil Liability Act 2002 (nsw) S 3 B(1)(a)']
['torts' 'damages' 'personal Injury'] ['sexual Assaults' 'general and Aggravated Damages' 'exemplary Damages' 'psychiatric Injury' 'loss of Earning Capacity' 'medical Care Expenses' 'civil Liability Act 2002 (nsw) S 3 B(1)(a)']

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Procedural Posture

Assessment of Damages for Assault and Battery in the Nature of Sexual Abuse / Damages Assessment After Default Judgment for the Plaintiff on Liability

Legal Issues

  1. 1 ["Whether the Civil Liability Act 2002 (NSW) provisions concerning assessment of damages applied to the plaintiff's claim." "Whether the pleaded sexual assaults caused the plaintiff's psychiatric and physical injuries and economic loss." 'Whether exemplary damages could be awarded where the defendant had been convicted and substantially punished for the same conduct.' 'How general and aggravated damages, past and future economic loss, future medical expenses and future domestic care should be assessed.']

Ratio Decidendi

The default judgment established liability for the six pleaded sexual assaults, and the evidence satisfied the Court that those assaults caused the plaintiff's enduring psychiatric injury, related physical health deterioration, loss of earning capacity and need for future care. Exemplary damages were unavailable because the civil liability case was coextensive with the criminal case for which the defendant had received substantial punishment. The plaintiff was therefore entitled to compensatory damages, including aggravated damages, assessed at $3,510,513.

Court Disposition

Judgment for the plaintiff for $3,510,513. Defendant to pay the plaintiff's costs.

Orders

  • ['Judgment for the plaintiff for $3,510,513.' "Defendant to pay the plaintiff's costs."]