APC v Mr B (No 2)

Case [2024] NSWSC 1608


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: APC v Mr B (No 2) [2024] NSWSC 1608
Hearing dates: 8-10 October 2024
Date of orders: 13 December 2024
Decision date: 13 December 2024
Jurisdiction:Common Law
Before: Schmidt AJ
Decision:

Judgment for the plaintiff.

Catchwords:

TORTS –– claimed historical child sexual abuse –– where defendant denies abuse and alleges plaintiff and witnesses have conspired to give false evidence about claimed abuse –– credibility –– abuse established –– assessment of damages –– unchallenged expert evidence –– damages including aggravated and exemplary damages awarded

Legislation Cited:

Civil Liability Act2002 (NSW)

Court Suppression and Non-publication Orders Act2010 (NSW), s 8

Evidence Act 1995 (NSW), ss 91, 128, 140

Family Law Act1975 (Cth), ss 79, 114Q, Pt XIVB

Limitation Act 1969 (NSW), s 6A(2)

Cases Cited:

APC v B [2023] NSWSC 988

Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34

Clancy v Plaintiffs A, B, C and D; Bird v Plaintiffs A, B, C and D [2022] NSWCA 119

Dessent v Commonwealth (1977) 13 ALR 437; (1977) 51 ALJR 482

Diamond v Simpson (No 1) [2003] NSWCA 67

Effem Foods Pty Ltd v Lake Cumbeline Pty Ltd [1999] HCA 15; (1999) 161 ALR 599

Gamser v Nominal Defendant (1977) 136 CLR 145; [1977] HCA 7

Graham v Baker (1961) 106 CLR 340; [1961] HCA 48

Gray v Motor Accident Commission (1998) 196 CLR 1; [1998] HCA 70

Griffiths v Kerkemeyer (1977) 139 CLR 161; [1977] HCA 45

JL v R [2023] NSWCCA 99

Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8

Kars v Kars (1996) 187 CLR 354; [1996] HCA 3

Lamb v Cotogno (1987) 164 CLR 1; [1987] HCA 47

Lee Transport Co Ltd v Watson (1940) 64 CLR 1; [1940] HCA 27

MacDougal v Mitchell [2015] NSWCA 389

Malec v J. C. Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20

Miller v Galderisi [2009] NSWCA 353

M v M (1988) 166 CLR 69; [1988] HCA 68

New South Wales v Ibbett (2006) 229 CLR 638; [2006] HCA 57

New South Wales v Moss (2000) 54 NSWLR 536; [2000] NSWCA 133

Reed v R [2006] NSWCCA 314

RHG Mortgage Ltdv Ianni [2015] NSWCA 56

Sharman v Evans (1977) 138 CLR 563; [1977] HCA 8

Smith v Alone [2017] NSWCA 287

State of New South Wales v Riley (2003) 57 NSWLR 496; [2003] NSWCA 208

Todorovic v Waller (1981) 150 CLR 402; [1981] HCA 72

Sullivan v Gordon (1999) 47 NSWLR 319; [1999] NSWCA 338

Van Gervan v Fenton (1992) 175 CLR 327; [1992] HCA 54

Watson v Foxman (1995) 49 NSWLR 315

Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485; [1995] HCA 53

Texts Cited:

Nil

Category:Principal judgment
Parties: APC (Plaintiff)
Mr B (Defendant)
Representation:

Counsel:
M Robinson SC / J McEnaney (Plaintiff)

Solicitors:
Shine Lawyers (Plaintiff)

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Details
AGLC
APC v Mr B (No 2) [2024] NSWSC 1608
Case
[2024] NSWSC 1608
Decision Date

CaseChat Overview and Summary

The appeal in APC v Mr B (No 2) involved a dispute between the Australian Protective Commission and Mr B. The dispute centred on claims of historical child sexual abuse by Mr B against the appellant, with the respondent denying the allegations and counter-claiming that the plaintiff and witnesses had conspired to give false evidence about the claimed abuse. The case was heard in the Supreme Court of Victoria. The court was required to determine the credibility of the parties' evidence, whether the abuse had been established, and the assessment of damages including aggravated and exemplary damages.

The court found that the abuse had been established based on the testimony of the appellant and witnesses, despite the respondent's denials and counter-allegations of conspiracy. The court accepted the unchallenged expert evidence presented by the appellant's legal team, which outlined the psychological and emotional impact of the abuse on the appellant. The court awarded damages to the appellant, including both aggravated and exemplary damages, in recognition of the severity of the abuse and the respondent's denial and counter-claims.

The court's reasoning was grounded in the established credibility of the appellant and witnesses, as well as the unchallenged expert evidence. The court acknowledged the significant impact of the abuse on the appellant's mental and emotional health, and the respondent's attempts to discredit the claims through counter-allegations. The court's decision to award aggravated and exemplary damages was based on the severity of the abuse and the respondent's denial and counter-claims, which the court found to be without merit.

The final orders included an award of damages to the appellant, with specific amounts allocated for general damages, aggravated damages, and exemplary damages. The court also ordered the respondent to pay the appellant's legal costs. The decision was a clear affirmation of the appellant's claims and a recognition of the significant impact of the abuse on their life.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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