Kucinskas v Lane (No 2) [2024] NSWSC 544

Supreme Court New South Wales

Medium Neutral Citation: Kucinskas v Lane (No 2) [2024] NSWSC 544 Hearing dates: 7 May 2024 Date of orders: 10 May 2024 Decision date: 10 May 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. Judgment for the plaintiff in the sum of $808,690. 2. The defendant is to pay the plaintiff's costs. 3. The parties have liberty to apply on three days' notice for any variation of the costs order. 4. The judgment is to be served on the defendant and on the trustee in bankruptcy within seven days of the date of these orders. Catchwords: DAMAGES – Intentional Torts – child sexual assault – assessment of damages – past economic loss – future economic loss – damages by way of buffer – future out of pocket expenses – aggravated and exemplary damages Legislation Cited: Civil Liability Act 2002 (NSW), s 3B(1)(a) Cases Cited: Kucinskas v Lane [2024] NSWSC 373 Van Haren v Van Ryn [2023] NSWSC 776 Category: Principal judgment Parties: Jolie Kucinskas (Plaintiff) Ian Lane (Defendant) Representation: Counsel: Mr R Di Michiel (Plaintiff)

Solicitors: Premier Compensation Lawyers (Plaintiff) File Number(s): 2023/356149 Publication restriction: Nil

JUDGMENT 1. On 11 April 2024 I gave judgment for the plaintiff with damages to be assessed (Kucinskas v Lane [2024] NSWSC 373). These reasons concern the assessment of damages. 2. As stated in my earlier judgment the defendant has taken no part in the proceedings. That continues to be the case. His trustee in bankruptcy has also not appeared in the interests of the defendant.