SA v CH & LH (Pseudonyms) [2022] NSWDC 140

SA v CH & LH (Pseudonyms) [2022] NSWDC 140

Given the severe, repeated historical sexual abuse inflicted by each defendant upon the plaintiff during childhood, both defendants are independently liable to pay substantial compensatory, aggravated and exemplary damages, as well as interest and costs; suppression orders are justified for protection of parties' identities.

Parties
Plaintiff: SA; First Defendant: CH; Second Defendant: LH
Jurisdiction
Australia
Judgment Date
03 May 2022
Procedural Posture
Civil / Damages Assessment Following Default Judgment
Outcome
Judgment for the plaintiff against both defendants with orders for damages, interest, future treatment, exemplary damages and costs.
Legal Topics
Historical Child Sexual Abuse, Assessment of Compensatory, Aggravated and Exemplary Damages, Default Judgment, Suppression/non Publication Orders
Damages Tort Law Historical Child Sexual Abuse Assessment of Compensatory, Aggravated and Exemplary Damages Default Judgment Suppression/non Publication Orders

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Parties

SA

Plaintiff

CH

First Defendant

LH

Second Defendant

Procedural Posture

Civil / Damages Assessment Following Default Judgment

Legal Issues

  1. 1 Assessment of quantum of compensatory, aggravated and exemplary damages for historical child sexual abuse by two defendants
  2. 2 Appropriate application of non-publication/suppression orders given parties' identities and age at the time of the events

Ratio Decidendi

Given the severe, repeated historical sexual abuse inflicted by each defendant upon the plaintiff during childhood, both defendants are independently liable to pay substantial compensatory, aggravated and exemplary damages, as well as interest and costs; suppression orders are justified for protection of parties' identities.

Court Disposition

Judgment for the plaintiff against both defendants with orders for damages, interest, future treatment, exemplary damages and costs.

Orders

  • Suppression and non-publication order regarding identification of parties (per Court Suppression and Non-publication Orders Act 2016 (NSW) ss 6, 7, 8, 12)
  • Judgment for plaintiff against CH in the sum of $325,000