P v D [2018] NSWDC 277

P v D [2018] NSWDC 277

The plaintiff is entitled to damages for sexual abuse committed by D, assessed at common law, but reduced to account for concurrent and more severe abuse by another perpetrator, and deducting victim compensation already paid. Damages were apportioned to attribute one-third to D, and judgment was entered for $472,742.04 after deducting the restitution paid by D.

Parties
Plaintiff: P (a pseudonym); Defendant: D (a pseudonym)
Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the plaintiff in the sum of $472,742.04, with orders for costs as specified.
Legal Topics
Sexual Assault, Assessment of Damages, Victims Rights and Support Act 2013 (nsw), Costs, Apportionment of Liability
Torts Damages Intentional Torts Sexual Assault Assessment of Damages Victims Rights and Support Act 2013 (nsw) Costs Apportionment of Liability

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Parties

P (a pseudonym)

Plaintiff

D (a pseudonym)

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 When did the abuse by D occur?
  2. 2 What was the extent of the abuse by D?
  3. 3 What have been the effects of the sexual abuse of P?

Ratio Decidendi

The plaintiff is entitled to damages for sexual abuse committed by D, assessed at common law, but reduced to account for concurrent and more severe abuse by another perpetrator, and deducting victim compensation already paid. Damages were apportioned to attribute one-third to D, and judgment was entered for $472,742.04 after deducting the restitution paid by D.

Court Disposition

Judgment for the plaintiff in the sum of $472,742.04, with orders for costs as specified.

Orders

  • Judgment for the plaintiff against the defendant for $472,742.04.
  • Order the defendant to pay the plaintiff's costs, save that the plaintiff is to pay the defendant's costs of the Amended Defence filed on 26 September 2018.