AA v BB [2013] NSWSC 1956

Supreme Court New South Wales

Medium Neutral Citation: AA v BB [2013] NSWSC 1956 Hearing dates: 29 November 2013 Decision date: 20 December 2013 Jurisdiction: Common Law Before: Barr AJ Decision: Damages assessed at $725,000.00. Catchwords: TORTS - assessment of damages -repeated and prolonged sexual interference with child by biological father - psychiatric and psychological harm. Legislation Cited: Civil Liability Act 2002 Cases Cited: State of New South Wales v Moss (2000) 54NSWLR 536 Category: Principal judgment Parties: AA (plaintiff) BB (defendant) Representation: Counsel: Mr J Sheller (plaintiff) BB (self represented)

Solicitors: Greg Walsh & Co. (plaintiff) File Number(s): 2013/00128680 Publication restriction: Pursuant to an order made by the Court on 1 August 2013 the names of the plaintiff, defendant and plaintiff's mother have been replaced with pseudonyms.

Judgment 1. BARR AJ This is an assessment of damages. Consequent upon an order made by the Court on 1 August 2013 I have referred to the plaintiff as AA and to the defendant as BB. I shall refer to the mother of AA, who is the estranged wife of BB, as CC. 2. The plaintiff is the daughter of the defendant and CC. She is now 19 years of age. The defendant began sexually interfering with her when she was 5 years old and continued until she was 12 years old. She commenced this action by filing a statement of claim in which she sought aggravated and exemplary damages, interest and costs. In a statement of particulars filed with the statement of claim the plaintiff supplied particulars of injuries and continuing disabilities. She thereby made plain that she also sought an award for general and special damages. 3. In his defence the defendant agreed for the most part with the facts pleaded. He admitted all the assaults pleaded. He mostly agreed with the facts pleaded as relevant to aggravated damages. He agreed that exemplary damages were appropriate. He appeared before Garling J on 16 July 2013 and consented to judgment for the plaintiff with damages to be assessed. He also consented to an order that he pay the plaintiff's solicitor the sum of $25,000.00 on account of damages. That sum was paid as ordered.