Elliott v Kotsopoulos [2009] NSWDC 164

New South Wales District Court

CITATION: Elliott v Kotsopoulos [2009] NSWDC 164

HEARING DATE(S): 30 June and 1 July 2009

JUDGMENT DATE: 2 July 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

DECISION: 1. Verdict and judgment for the plaintiff in the sum of $324,549 2. Defendant to pay the plaintiff's costs.

CATCHWORDS: TORTS – assault and battery – DAMAGES – assessment of multiple heads of damage including considerations for awarding exemplary and aggravated damages

LEGISLATION CITED: Civil Liability Act 2002

Del Ponte v Del Ponte [1987] 11 NSWLR 498 Lamb v Cotogno [1987] HCA 47; (1987) 164 CLR 1 CASES CITED: State of NSW v Ibbett [2005] NSWCA 445 State of NSW v Riley [2003] NSWCA 208; (2003) 57 NSWLR 496 Uren v John Fairfax & Sons Pty Ltd [1996] HCA 40; (1996) 117 CLR 118 Varmedja v Varmedja [2008] NSWCA 177

PARTIES: Cara-Lee Elliott (Plaintiff) Peter Kotsopoulos (Defendant)

FILE NUMBER(S): 1054 of 2009

COUNSEL: Mr A Campbell (Plaintiff) There was no appearance for the defendant

SOLICITORS: Gerard Malouf & Partners (Plaintiff) The defendant was not represented by a solicitor

JUDGMENT

Nature of case

1. The plaintiff claims damages for the intentional torts of assault and battery committed upon her by the defendant on 9 June 2006. Following the entry of default judgment the proceedings were set down for the assessment of damages. The limiting provisions of the Civil Liability Act 2002 do not apply to the assessment of damages in this case: s 3B(1)(a). Common law principles therefore apply to the assessment of the plaintiff's entitlement to damages.