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

District Court New South Wales

Medium Neutral Citation: James v James (No. 3) [2020] NSWDC 797 Hearing dates: 12-13, 16 November 2020 Date of orders: 16 November 2020 Decision date: 16 November 2020 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and Judgment for the Plaintiff for $358,520 plus costs. Catchwords: TORTS – Assault and Assault and Battery – Torts occurring on two occasions 26 September 2017 and 20 February 2018 – Assessment of Damages only – Domestic Violence – As a result of 20 February 2018 torts P. suffering Post Traumatic Stress Disorder and unable to work. Legislation Cited: Civil Liability Act 2002 Evidence Act 1995 Surveillance Devices Act 2007 Cases Cited: Cooper v Mulcahy [2013] NSWCA 160 Category: Principal judgment Parties: Plaintiff – Shannon James Defendant – Shaun James Representation: Plaintiff: W. Priestley (Counsel) J. Hill (Randall Lawyers)

Defendant: In person – unrepresented File Number(s): 2020/00184759 Publication restriction: Nil.

Judgment 1. HIS HONOUR: The plaintiff, Ms Shannon James, brings an action for damages for the torts of assault and assault and battery. She brings the proceedings against her former husband, Shaun Robert Bruce James. The plaintiff obtained default judgment. For reasons which I have already given, I refused the defendant's application to set aside the default judgment. Under the operation of the rules, the pleadings have been admitted but there is not any admission concerning the quantum of damages. This essentially is an assessment of the plaintiff's damages.