SMD v JDW [2022] NSWDC 156

District Court New South Wales

Medium Neutral Citation: SMD v JDW [2022] NSWDC 156 Hearing dates: 12 May 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: Order: (1) Orders pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) directing that there be no publication of the names or addresses of either party (or any information tending to reveal the identity or address of either party) upon the grounds that: (a) The order is necessary to avoid causing undue distress or embarrassment to the plaintiff who was the victim of a crime of a sexual nature committed by the defendant when the plaintiff was a child; (b) It is otherwise necessary in the public interest for the order to be made and the public interest significantly outweighs the public interest in open justice. (c) The parties' names are accordingly changed to SMD v JDW. (2) Judgment for the plaintiff for $534,000. (3) Defendant pay plaintiff's costs. (4) Liberty to restore in relation to interest and costs. (5) Exhibits retained until further order. Catchwords: TORT - Assessing damages for sexual assault - defendant convicted of criminal offences against the plaintiff over a lengthy period - general and aggravated damages - whether a claim for exemplary damages could be made notwithstanding the imposition of a substantial term of imprisonment on the defendant - exemplary damages not awarded - past and future economic loss - future out of pocket expenses Legislation Cited: Civil Liability Act 2002 (NSW) ss 3B(1), 15B and 18(1) Court Suppression and Non-publication Orders Act 2010 (NSW) s 7 Victims' Rights and Support Act 2013 (NSW) Cases Cited: AM v KW [2005] NSWSC 876 Cheng v Farjudi (2016) 93 NSWLR 95 Gray v Motor Accident Commission (1998) 196 CLR 1; [1998] HCA 70 Michael Dryden v David John Jones [2018] NSWDC 223 Miles v Doyle (No 2) [2021] NSWSC 1312 New South Wales v Ibbett (2006) 229 CLR 638; [2006] HCA 57 Wagner v Nine Network Australia Ltd [2019] QSC 284; [2020] QCA 221 Woodward v R [2017] NSWCCA 44 Category: Principal judgment Parties: Plaintiff: Ms SMD Defendant: Mr JDW (self-represented) Representation: Counsel: Plaintiff: Ms M Campbell