Lewis v Doyle [2022] NSWSC 92

Supreme Court New South Wales

Medium Neutral Citation: Lewis v Doyle [2022] NSWSC 92 Hearing dates: 18-22 October 2021 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Common Law Before: Davies J Decision: Judgment for the plaintiff in the sum of $1,353,850.00 Catchwords: TORTS – trespass to the person – assault – sexual assault – where Plaintiff aged between 14 and 15 sexually assaulted on number of occasions by employer in 1980s – plaintiff seeking compensatory and aggravated damages – psychiatric and psychological harm to plaintiff – substance addiction – causation – whether other factors contributed to plaintiff's injuries – where sexual assaults caused lifelong injury to plaintiff principally from wrongdoing of defendant TORTS – trespass to the person – assault – sexual assault – where defendant has been convicted of criminal offences against the plaintiff – use to be made of previous convictions – s 91 Evidence Act Legislation Cited: Civil Liability Act 2002 (NSW) s 3B Evidence Act 1995 (NSW) ss 91, 178 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Josifouski v Velovski [2013] NSWSC 1103 Malec v Hutton (1990) 169 CLR 638 Miles v Doyle (No 2) [2021] NSWSC 1312 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170; 110 ALR 449; [1992] HCA 66 New South Wales v Ibbett (2006) 229 CLR 638; [2006] HCA 57 Purkess v Crittenden (1965) 114 CLR 164 Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118 Watts v Rake (1960) 108 CLR 158 Texts Cited: Nil Category: Principal judgment Parties: Darren John Lewis (Plaintiff) Philip William Doyle (Defendant) Representation: Counsel: K Andrews & R Brown (Plaintiff) T Hall (Defendant)