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

District Court New South Wales

Medium Neutral Citation: S (a pseudonym) v R (a pseudonym) [2020] NSWDC 906 Hearing dates: 10 September 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) 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 grounds that the order is necessary to protect the safety of the Plaintiff, inclusive of psychological safety, and in relation to the public interest pursuant to sections 8(1)(c) and 8(1)(e) of the Act. This order is to apply throughout the Commonwealth of Australia. (2) Judgment for the plaintiff in the sum of $167,500. (3) Defendant to pay the plaintiff's costs. Catchwords: DAMAGES – assessment of damages – general and aggravated damages – sexual abuse Legislation Cited: Civil Liability Act 2002, s 3B Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7, s 8 Cases Cited: Croucher v Cachia [2016] NSWCA 132 Gersbach v Gersbach [2018] NSWSC 1685 KS v GR [2020] NSWDC 73 Lamb v Cotogno (1987) 164 CLR 1; [1987] HCA 47 MC v Morris [2019] NSWSC 1326 Shalhoub v State of New South Wales [2017] NSWDC 363 State of New South Wales v Riley (2003) 57 NSWLR 496; [2003] NSWCA 208 Category: Principal judgment Parties: S (a pseudonym) (plaintiff) R (a pseudonym) (defendant) Representation: Counsel: Mr S Hunt (plaintiff)