AINSWORTH v AINSWORTH [2002] NSWCA 130

Reported Decision : (2002) Aust Torts Reports 81-664

New South Wales Court of Appeal

CITATION : AINSWORTH v AINSWORTH [2002] NSWCA 130 FILE NUMBER(S) : CA 40410/01 HEARING DATE(S) : 26 March 2002 JUDGMENT DATE : 13 May 2002

PARTIES : Anthony David Ainsworth - Appellant Michelle Judith Ainsworth - Respondent JUDGMENT OF : Meagher JA at 1; Sheller JA at 2; Santow JA at 82

LOWER COURT JURISDICTION : District Court LOWER COURT 3986/98 FILE NUMBER(S) : LOWER COURT Murrell DCJ JUDICIAL OFFICER :

COUNSEL : A J Katzmann SC/N S Jackson - Appellant S Norton SC/A P Healey - Respondent SOLICITORS : Macedone Christie Willis - Appellant The Hargreaves Practice - Respondent CATCHWORDS : TORTS - physical assaults - deep vein thrombosis - causation - damages - appeal dismissed LEGISLATION CITED : Evidence Act 1995 Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED: Abalos v Australian Postal Commission (1990) 171 CLR 167 Rosenberg v Percival (2001) 75 ALJR 734 Ziade v NSW Ministerial Insurance Corporation (Court of Appeal, 26 March 1993, unreported) DECISION : Appeal dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40410/01 DC 3986/98

MEAGHER JA SHELLER JA SANTOW JA

AINSWORTH v AINSWORTH The respondent began proceedings in the District Court against her former husband, the appellant, to recover damages for injuries suffered as a consequence of alleged unlawful assaults upon her. Judge Murrell SC found that the appellant had assaulted the respondent on four separate occasions and awarded damages in her favour. Part of the award for damages was based on her Honour's finding that as a result of one or more of the assaults, the respondent had suffered right axillary sub-clavian vein thrombosis. The grounds of appeal contested almost every finding the trial Judge made. The appellant relied on over 50 grounds of appeal, classified as relating to causation, findings of physical assault, damages and findings of credit.