P v D [2018] NSWDC 277

District Court New South Wales

Medium Neutral Citation: P v D [2018] NSWDC 277 Hearing dates: 25, 26 and 27 September 2018 Date of orders: 04 October 2018 Decision date: 04 October 2018 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $472,742.04. (2) Order the defendant to pay the plaintiff's costs. (3) Order the plaintiff to pay the defendant's costs of the Amended Defence filed on 26 September 2018. (4) Grant leave to the parties to approach my Associate within 7 days if any different costs order is sought. Catchwords: TORTS – sexual assault – child assaulted by adult resulting in psychological trauma and drug and alcohol abuse – intentional tort – outside scope of Civil Liability Act 2002 – common law applies TORTS – sexual assault – child assaulted by adult over 40 years ago – effects of sexual assault, drug and alcohol abuse, and medication upon memory DAMAGES –general damages – interest upon past general damages – out-of-pocket expenses – economic loss and future loss of earning capacity – no evidence of earning rates DAMAGES – effect of payment of victims compensation by defendant – damages assessed without reference to payment - reduction in judgment to reflect payment – ss 55, 74 and 102 Victims Rights and Support Act 2013 (NSW) Legislation Cited: Civil Liability Act 2002 Court Suppression and Non-Publication Orders Act 2010 Victims Rights and Support Act 2013 Cases Cited: State of New South Wales v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536 Upadhyaya v R [2017] NSWCCA 162 Category: Principal judgment Parties: P (a pseudonym) (Plaintiff) D (a pseudonym) (Defendant) Representation: Counsel: K Andrews (Plaintiff) P Glissan (Defendant)