DISTRICT COURT OF QUEENSLAND
CITATION:
BDT v BDG [2019] QDC 74
PARTIES:
BDT
(plaintiff)and
BDG
(defendant)FILE NO/S:
S11781/2017
DIVISION:
PROCEEDING:
Assessment of damages
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
10 May 2019
DELIVERED AT:
Brisbane
HEARING DATE:
27 March 2019
JUDGE:
McGill SC, DCJ
ORDER:
Certify damages assessed at $972,812.91, including $349,778.41 by way of interest.
CATCHWORDS:
DAMAGES – Psychiatric injuries – sexual assault – whether aggravated damages appropriate – assessment of economic loss – interest on past loss.
AP v Di Pino (No. 2) [2012] QDC 5 – considered.
Battiato v Lagana [1992] 2 Qd R 234 – cited.
Bird v Bool (Writ 815/95, 16 October 1997, Derrington J, unreported, BC 9705223) – considered.
Callinan v Borovina [1977] Qd R 366 – cited.
Camm v Salter [1992] 2 Qd R 342 – cited.
Clark v Ainsworth (1996) 40 NSWLR 463 – cited.
Davis & Anor v Bound & Anor [2011] QDC 82 – considered.
Fire and All Risks Insurance Co Ltd v Callinan (1978) 140 CLR 427 – cited.
Grieve v Gomez [2017] QDC 298 – considered.
Henry v Thompson [1989] 2 Qd R 412 – cited.
Jackson v Bagwell [1992] 2 Qd R 390 – cited.
K v G [2010] QSC 13 – considered.
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 – applied.
MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 – cited.
P v R [2010] QSC 139 – considered.
Paten v Bale (Writ 8921/98, 19 October 1999, Wilson J, unreported, BC 9906872) – considered.
Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 – distinguished.
Schmidt v Argent [2003] QCA 507 – cited.
Seabrook v Allianz Aust. Insurance Ltd [2005] QCA 58 – cited.
WAQ v Di Pino [2012] QCA 283 – considered.
Webster v Yasso [2002] QDC 206 – considered.COUNSEL:
H Blattman for the plaintiff
The defendant appeared in personSOLICITORS:
Murphy Schmidt for the plaintiff
The defendant was not represented
This is an assessment of damages under a default judgment for damages to be assessed given by a registrar on 26 October 2018. On 10 November 2017 the plaintiff filed a claim and statement of claim in the Supreme Court seeking damages for physical and psychological injury as a result of assault and battery of her by the defendant. On 31 January 2018 default judgment was signed by a registrar, but that judgment was set aside on 24 August 2018 by Crow J.[1] A further request for judgment was filed on 10 October 2018, resulting in the default judgment under which I am assessing damages.
[1]I suspect this was associated with the defendant’s application for an extension of time within which to appeal against his conviction at his criminal trial. The application was refused by the Court of Appeal on 21 February 2019: R v BDG [2019] QCA 24.
The assessment occurs in accordance with UCPR r 509. Notice of the hearing was served on the defendant, he was produced from custody…
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- AGLC
- BDT v BDG [2019] QDC 74
- Case
- [2019] QDC 74
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether aggravated damages were appropriate in this case, given the sexual nature of the assault. Additionally, the court had to assess the economic losses suffered by the plaintiff, including the calculation of interest on those losses from the time they were incurred up until the date of judgment. The court also had to consider relevant legal precedents and statutes to guide its decision.
In reaching its decision, the court closely examined the applicable legal principles, drawing from previous cases such as Malec v JC Hutton Pty Ltd and AP v Di Pino (No. 2). It was determined that aggravated damages were appropriate in recognition of the particularly egregious nature of the assault. The economic losses were assessed based on the evidence presented, and interest was calculated in accordance with the statutory provisions. The court found that the total damages amounted to $972,812.91, which included $349,778.41 in interest on past losses.
The final orders of the court certified the damages at the assessed amount, including the interest on past losses, thereby providing the plaintiff with a comprehensive compensation for the harm suffered.
Orders
Orders of the court
Certify damages assessed at $972,812.91, including $349,778.41 by way of interest.
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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