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

District Court New South Wales

Medium Neutral Citation: SA v CH & LH (Pseudonyms) [2022] NSWDC 140 Hearing dates: 3 May 2022 Date of orders: 3 May 2022 Decision date: 03 May 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [16] for orders. Catchwords: DAMAGES – assessment of compensatory, aggravated and exemplary damages for historical sexual abuse during childhood Legislation Cited: Court Suppression and Non-publication Orders Act 2016 (NSW), s 6, s 7, s 8, s 12 Crimes Act 1900 (NSW), s 66A, s 61E Category: Principal judgment Parties: SA (Plaintiff) CH (First defendant) LH (Second defendant) Representation: Counsel: Mr D Baran (Plaintiff) No appearance (Defendants)

Solicitors: Mr Nicholas Dan (Plaintiff) File Number(s): 2022/25624 Publication restriction: A non-publication order applies to these proceedings

Judgment

Nature of case and non-publication order 1. These proceedings involve a claim by the plaintiff for damages for repeated intentional trespass to his person by two tortfeasors who, as teenagers, carried out a series of historical sexual assaults upon him commencing when the plaintiff was aged eight years. Those assaults took place between 1986 and 1987. The two teenage perpetrators were brothers and neighbours of the plaintiff. 2. As all those involved in the events complained of were minors at the time, pursuant to s 6, s 7, s 8 and s 12 of the Court Suppression and Non-publication Orders Act 2016 (NSW), for the proper administration of justice, and in the interests of the safety and wellbeing of the plaintiff, a non-publication order applies to these proceedings as the interests of open justice are outweighed by the plaintiff's exceptional circumstances and his need for privacy. Accordingly, litigation pseudonyms have been assigned to the parties as follows: * The plaintiff - SA * The first defendant - CH * The second defendant - LH.