NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: MC v Morris [2019] NSWSC 1326 Hearing dates: 9 and 10 September 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Common Law Before: Fagan J Decision: Judgment for the plaintiff for $3,510,513. Defendant to pay the plaintiff's costs. Catchwords: DAMAGES – assessment of damages – general and aggravated damages – sexual assaults – Civil Liability Act 2002 (NSW) not applicable by operation of s 3B(1)(a) – psychiatric damage arising from defendant's torts – loss of earning capacity – where treatment of psychiatric conditions has created debilitating physical health issues – noneconomic loss – medical care expenses – no award for exemplary damages Legislation Cited: Civil Liability Act 2002 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Gray v Motor Accident Commission (1998) 196 CLR 1; [1998] HCA 70 Lamb v Cotogno (1987) 164 CLR 1; [1987] HCA 47 MBP (SA) Pty Ltd v Gocic (1991) 171 CLR 657 Najdovski v Crnojlovic [2008] NSWCA 175 State of New South Wales v Riley (2003) 57 NSWLR 496 Category: Principal judgment Parties: MC (plaintiff) Robert Morris (defendant) Representation: Counsel: E G Romanick SC with J B Masur (plaintiff) T Yeh (defendant)
Solicitors: Wyatts Lawyers (plaintiff) Byles Anjos (defendant) File Number(s): 2018/383843 Publication restriction: No
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