James v James (No. 3) [2020] NSWDC 797

James v James (No. 3) [2020] NSWDC 797

Because liability for the pleaded assaults and batteries was admitted by default, and the evidence established physical injury on 26 September 2017 and grave psychiatric injury, including chronic post-traumatic stress disorder, recurrent major depressive disorder and panic attacks caused by the severe domestic violence of 20 February 2018, the plaintiff was entitled to compensatory and aggravated damages, exemplary damages for the unpunished 26 September 2017 conduct, past economic loss, a future economic loss buffer, interest and costs.

Jurisdiction
Australia
Judgment Date
16 November 2020
Procedural Posture
Civil Action for Damages for Assault and Assault and Battery / Assessment of Damages After Default Judgment; Defendant's Application to Set Aside Default Judgment Refused
Outcome
Verdict and judgment for the plaintiff against the defendant for $358,520 plus costs.
Legal Topics
['assault' 'assault and Battery' 'domestic Violence' 'assessment of Damages' 'aggravated Damages' 'exemplary Damages' 'past Economic Loss' 'future Economic Loss' 'post Traumatic Stress Disorder' 'admissibility of Audio Recording']
['torts' 'civil Procedure' 'evidence'] ['assault' 'assault and Battery' 'domestic Violence' 'assessment of Damages' 'aggravated Damages' 'exemplary Damages' 'past Economic Loss' 'future Economic Loss' 'post Traumatic Stress Disorder' 'admissibility of Audio Recording']

Case Brief

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Procedural Posture

Civil Action for Damages for Assault and Assault and Battery / Assessment of Damages After Default Judgment; Defendant's Application to Set Aside Default Judgment Refused

Legal Issues

  1. 1 ['What damages should be awarded for the assault and battery occurring on 26 September 2017.' 'What damages should be awarded for the assault and battery occurring on 20 February 2018.' 'Whether the plaintiff proved psychiatric injury and loss of earning capacity caused by the events of 20 February 2018.' 'Whether aggravated or exemplary damages should be awarded.']

Ratio Decidendi

Because liability for the pleaded assaults and batteries was admitted by default, and the evidence established physical injury on 26 September 2017 and grave psychiatric injury, including chronic post-traumatic stress disorder, recurrent major depressive disorder and panic attacks caused by the severe domestic violence of 20 February 2018, the plaintiff was entitled to compensatory and aggravated damages, exemplary damages for the unpunished 26 September 2017 conduct, past economic loss, a future economic loss buffer, interest and costs.

Court Disposition

Verdict and judgment for the plaintiff against the defendant for $358,520 plus costs.

Orders

  • ['Verdict and judgment for the plaintiff against the defendant for $358,520.' "The defendant is to pay the plaintiff's costs."]