Mirosevich v Laughlan [2022] NSWSC 1103

Supreme Court New South Wales

Medium Neutral Citation: Mirosevich v Laughlan [2022] NSWSC 1103 Hearing dates: On the papers Date of orders: 02 September 2022 Decision date: 02 September 2022 Jurisdiction: Common Law Before: Garling J Decision: 1. Judgment for the plaintiff against the defendant in the sum of $820,640. 2. Defendant to pay the plaintiff's costs. Catchwords: TORTS — Trespass to the person — Battery — Negligence — Intentional act that is sexual assault — Default judgment for the plaintiff — Assessment of damages — Claim for exemplary damages refused — Allowances for other claimed heads of damages made Legislation Cited: Civil Liability Act 2002 s 3B(1)(a) Cases Cited: Gray v Motor Accident Commission (1998) 196 CLR 1; [1998] HCA 70 MC v Morris [2019] NSWSC 1326 Miles v Doyle (No 2) [2021] NSWSC 1312 Ms P v Mr D [2020] NSWSC 224 XY v Featherstone [2010] NSWSC 1366 Texts Cited: Not applicable Category: Principal judgment Parties: Jessica Mirosevich (P) Peter Laughlan (D) Representation: Counsel: D McMahon (P) No Appearance (D)

Solicitors: McKenzie McLoughlin Legal Practice (P) Hanna Legal (D) File Number(s): 2021/00051742 Publication restriction: Not applicable

Judgment 1. The plaintiff, Ms Jessica Mirosevich, commenced proceedings by a Statement of Claim filed 23 February 2021. The plaintiff claims damages from the defendant, Mr Peter Laughlan. 2. The defendant filed a Notice of Appearance, however, did not file a Defence. The plaintiff filed a Notice of Motion, on 28 June 2021, for default judgment to be entered against the defendant. On 6 August 2021, default judgment for the plaintiff was entered with damages to be assessed at a later date. 3. This judgment assesses the damages that are to be awarded to the plaintiff against the defendant.