“B” v Reineker [2015] NSWSC 949

Supreme Court New South Wales

Medium Neutral Citation: "B" v Reineker [2015] NSWSC 949 Hearing dates: 13 July 2015 Decision date: 20 July 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. Judgment for the plaintiff against the first defendant in the sum of $1,228,000.

2. Order the first defendant to pay the plaintiff's costs of the proceedings. Catchwords: TORT – trespass to person – multiple sexual assaults between 2001 and 2008 committed by the defendant school teacher against the plaintiff who was a pupil – proceedings resolved against school – defendant teacher did not defend claim at hearing – no award of exemplary damages against defendant as already subject to substantial punishment by imprisonment following pleas of guilty to associated offences Legislation Cited: Civil Liability Act 2005 (NSW) Crimes Act 1900 (NSW), ss 61M, 66C Crimes (Sentencing Procedure) Act 1999 (NSW), s 3A Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 14.14 Cases Cited: Australian Iron & Steel Ltd v Hoogland (1962) 108 CLR 471 Dare v Pulham (1982) 148 CLR 658 Gray v Motor Accident Commission [1998] HCA 70; 196 CLR 1 Whitfield v De Lauret & Co. Ltd (1920) 29 CLR 71 Category: Principal judgment Parties: "B" (Plaintiff) Darryl Reineker (1st Defendant) Moree Christian School (2nd Defendant) Representation: Counsel: B Lakeman/J Webb (Plaintiff) First defendant unrepresented M Neil QC/B Hull (2nd Defendant)