NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Charleston v Sinclair [2024] NSWDC 292 Hearing dates: 17, 18 and 19 April 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Civil Before: Cole DCJ Decision: (1) Verdict and judgment for the plaintiff against the defendant in the sum of $111,064.22. (2) The question of costs is reserved. Catchwords: TORTS — Trespass to the person — Assault – Battery - Damages Legislation Cited: Civil Liability Act 2002 (NSW) Evidence Act 1995 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Croucher v Cachia [2016] NSWCA 132 Fox v Percy [2003] HCA 22 Graves v West (No 2) [2015] NSWSC 306 Riechelmann v McCabe [2024] NSWCA 37 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in Liq) [1999] HCA 3 Texts Cited: K Barker, P Cane, M Lunney and F Trindale, The Law of Torts in Australia, 5th edn, Oxford University Press, Australia and New Zealand, 2011 Category: Principal judgment Parties: Fiona Jean Charleston (Plaintiff) Denise Kerry Sinclair (Defendant) Representation: Counsel: Mr S Grey (Plaintiff) Mr H Thomas-Dubler (Defendant)
Solicitors: Wyatts Compensation Lawyers (Plaintiff) Makinson d'Apice Lawyers (Defendant) File Number(s): 2023/48396 Publication restriction: Nil
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