Bishop of Wagga Wagga v TJ (a pseudonym)

The case of Bishop of Wagga Wagga v TJ (a pseudonym) involved a dispute concerning the extent and appropriateness of damages awarded to a plaintiff, who suffered psychiatric injury due to historical sexual abuse. The matter was heard and determined by the New South Wales Supreme Court. The plaintiff, identified under a pseudonym, sought damages from the defendant, the Bishop of Wagga Wagga, for the psychological harm resulting from sexual abuse that occurred when the plaintiff was a minor. The plaintiff also sought damages for economic loss and exemplary damages.

The court was tasked with determining whether the jury's awards for pain and suffering, economic loss, and exemplary damages were open to challenge. Specifically, the court needed to decide if the jury's pain and suffering damages of $1.1 million were manifestly excessive and if the verdicts were open based on the evidence most favourable to the plaintiff. The court also examined the $965,000 awarded for economic loss to determine if it was open on the evidence. Finally, the court considered whether the jury's award of exemplary damages was justified under the circumstances.

The court found that the pain and suffering damages of $1.1 million were not open on the evidence, even when considered in the plaintiff's most favourable light. The court reassessed the pain and suffering damages, reducing them to $550,000. Regarding the economic loss, the court determined that the jury's verdict was open on the evidence, and thus, there was no basis to set aside the jury's award. However, the court concluded that there was no basis for the award of exemplary damages, as there was no evidence of previous complaints or improper initial pleadings. Therefore, the jury's award of exemplary damages was set aside.

The court ordered that the pain and suffering damages were to be reduced to $550,000, while the economic loss damages of $965,000 remained unchanged. The exemplary damages awarded by the jury were nullified.