APC v Mr B (No. 3) [2025] NSWSC 142

Supreme Court New South Wales

Medium Neutral Citation: APC v Mr B (No. 3) [2025] NSWSC 142 Hearing dates: 8-10 October 2024; 27 February 2024 Date of orders: 6 March 2025 Decision date: 06 March 2025 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) APC recalculate her damages for future care in accordance with the conclusions which I have reached. (2) APC file and serve her proposed final orders within 7 days, together with a short explanation of the final calculation of her damages. (3) If Mr B disagrees with those orders, that he file and serve the orders he proposes with a short explanation of his calculation. (4) Mr B pay APC's costs, as agreed or assessed to 19 July 2024 and thereafter, on an indemnity basis. Catchwords: DAMAGES – where defendant has been found to have committed historical child sexual abuse –– where defendant did not respond to damages claim – where plaintiffs' calculations revised –– where claim for damages for future care has to be recalculated Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules Cases Cited: APC v Mr B (No 2) [2024] NSWSC 1608 Diamond v Simpson (No 1) [2003] NSWCA 67 State of NSW v Riley (2003) 57 NSWLR 496; [2003] NSWCA 208 MacDougal v Mitchell [2015] NSWCA 389 Malec v J. C. Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 Lee Transport Co Ltd v Watson (1940) 64 CLR 1 Sharman v Evans (1977) 138 CLR 563 Leichhardt Municipal Council v Green [2004] NSWCA 341 Herning v GWS Machinery Pty Ltd [No. 2] [2005] NSWCA 375 Wilcox v Chapple (No 2) [2024] NSWSC 1655 State of NSW v Moss (2000) 54 NSWLR 536; [2000] NSWCA 133 Category: Consequential orders Parties: APC (Plaintiff) Mr B (Defendant) Representation: Counsel: M Robinson SC / J McEnaney (Plaintiff)