S (a pseudonym) v R (a pseudonym) [2020] NSWDC 906

S (a pseudonym) v R (a pseudonym) [2020] NSWDC 906

The defendant's sexual abuse of the plaintiff before she turned 16 materially and significantly contributed to her psychiatric condition and other harm, but damages had to be confined to the compensable consequences of that tortious sexual abuse and not to other non-tortious, unpleaded or later aspects of the relationship or other life events. Taking those matters into account, the Court awarded general damages, interest, future counselling costs and aggravated damages, totalling $167,500.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Civil Damages Claim for Sexual Abuse / Assessment of Damages After Default Judgment
Outcome
Judgment for the plaintiff in the sum of $167,500, with the defendant to pay the plaintiff's costs, and suppression and non-publication orders made.
Legal Topics
['assessment of Damages' 'general Damages' 'aggravated Damages' 'sexual Abuse' 'battery' 'suppression and Non Publication Orders' 'default Judgment']
['torts' 'civil Procedure'] ['assessment of Damages' 'general Damages' 'aggravated Damages' 'sexual Abuse' 'battery' 'suppression and Non Publication Orders' 'default Judgment']

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Procedural Posture

Civil Damages Claim for Sexual Abuse / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 ['What damages should be assessed for the plaintiff after default judgment in respect of sexual abuse occurring before she turned 16.' 'Whether and to what extent general damages, aggravated damages, interest and future counselling expenses should be awarded.' "How to distinguish compensable consequences of the underage sexual abuse from other non-tortious or unpleaded aspects of the parties' relationship and other life events."]

Ratio Decidendi

The defendant's sexual abuse of the plaintiff before she turned 16 materially and significantly contributed to her psychiatric condition and other harm, but damages had to be confined to the compensable consequences of that tortious sexual abuse and not to other non-tortious, unpleaded or later aspects of the relationship or other life events. Taking those matters into account, the Court awarded general damages, interest, future counselling costs and aggravated damages, totalling $167,500.

Court Disposition

Judgment for the plaintiff in the sum of $167,500, with the defendant to pay the plaintiff's costs, and suppression and non-publication orders made.

Orders

  • ['I make an order pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW) ("the Act"), that the name and identity of the Plaintiff and Defendant and any other person mentioned in the judgment be suppressed except as may be necessary for the proper conduct of these proceedings, upon the...