SMD v JDW (No.2) [2022] NSWDC 172

SMD v JDW (No.2) [2022] NSWDC 172

Plaintiff is entitled to interest on two-thirds of general and aggravated damages at 2% for 20 years and on past economic loss at 4.35% for 20 years. Gross sum costs order is appropriate due to case complexity and defendant's probable inability to pay, and a 30% reduction from solicitor-client to party-party costs is reasonable, resulting in $49,583.10.

Jurisdiction
Australia
Judgment Date
26 May 2022
Procedural Posture
Civil / Variation of Judgment/orders Following Application for Interest and Gross Sum Costs
Outcome
Judgment for the plaintiff; orders varied to reflect interest and gross sum costs.
Legal Topics
['intentional Torts' 'sexual Assault' 'damages' 'interest' 'costs']
['torts' 'civil Procedure'] ['intentional Torts' 'sexual Assault' 'damages' 'interest' 'costs']

Case Brief

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Procedural Posture

Civil / Variation of Judgment/orders Following Application for Interest and Gross Sum Costs

Legal Issues

  1. 1 ['Entitlement to interest on damages for intentional torts of sexual assault' 'Appropriate calculation of pre-judgment interest' 'Entitlement to gross sum costs order under s 98 Civil Procedure Act']

Ratio Decidendi

Plaintiff is entitled to interest on two-thirds of general and aggravated damages at 2% for 20 years and on past economic loss at 4.35% for 20 years. Gross sum costs order is appropriate due to case complexity and defendant's probable inability to pay, and a 30% reduction from solicitor-client to party-party costs is reasonable, resulting in $49,583.10.

Court Disposition

Judgment for the plaintiff; orders varied to reflect interest and gross sum costs.

Orders

  • ['Judgment for the plaintiff in the sum of $744,499, including $210,499 interest.' "Defendant to pay plaintiff's costs in the gross sum of $49,583.10."]