Ms P v Mr D [2020] NSWSC 224

Ms P v Mr D [2020] NSWSC 224

The Court found on the balance of probabilities that the plaintiff's evidence was credible and proved that the defendant committed all disputed assaults. The tendency evidence substantially supported the disputed sexual assaults. The assaults were sufficiently intentional and harmful to ground claims for assault, battery, and intentional infliction of psychiatric harm. Limitation and statutory bar defences failed. Damages were assessed at common law and awarded globally, comprising general, aggravated, and exemplary amounts due to the profound and lasting harm to the plaintiff’s life and wellbeing caused by the defendant's conduct.

Jurisdiction
Australia
Judgment Date
16 March 2020
Procedural Posture
Tort Proceedings (intentional Tort—sexual and Physical Assault, Infliction of Harm) / Principal Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
['sexual Assault' 'physical Assault' 'intentional Infliction of Psychiatric Harm' 'tendency Evidence' 'limitation Periods' 'assessment of Damages' 'aggravated Damages' 'exemplary Damages']
['tort Law' 'evidence Law' 'limitation of Actions' 'damages'] ['sexual Assault' 'physical Assault' 'intentional Infliction of Psychiatric Harm' 'tendency Evidence' 'limitation Periods' 'assessment of Damages' 'aggravated Damages' 'exemplary Damages']

Case Brief

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Procedural Posture

Tort Proceedings (intentional Tort—sexual and Physical Assault, Infliction of Harm) / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether the defendant committed the disputed sexual and physical assaults alleged by the plaintiff' 'Applicability of the Briginshaw standard and s 140 Evidence Act 1995 (NSW) to the standard of proof for disputed allegations' 'Admissibility and probative value of tendency evidence under s 97 Evidence Act 1995 (NSW)' 'Whether the elements of a Wilkinson v Downton intentional infliction of harm tort were satisfied' 'Whether claims for damages were limited or statute barred under Limitation Act 1969 (NSW) and/or affected by Civil Liability Act 2002 (NSW)' 'Assessment of general, aggravated and exemplary damages']

Ratio Decidendi

The Court found on the balance of probabilities that the plaintiff's evidence was credible and proved that the defendant committed all disputed assaults. The tendency evidence substantially supported the disputed sexual assaults. The assaults were sufficiently intentional and harmful to ground claims for assault, battery, and intentional infliction of psychiatric harm. Limitation and statutory bar defences failed. Damages were assessed at common law and awarded globally, comprising general, aggravated, and exemplary amounts due to the profound and lasting harm to the plaintiff’s life and wellbeing caused by the defendant's conduct.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff in the amount of $853,550.' "The defendant to pay the plaintiff's costs of the proceedings."]