Brown v Walker

In the case of Brown v Walker, the plaintiff brought an action against the defendant seeking compensation for a child sexual assault that occurred when the plaintiff was a minor. The matter was heard and determined in the Supreme Court of New South Wales. The plaintiff alleged that the defendant, who was a family member, had sexually assaulted her on numerous occasions over a period of time, beginning when she was a child. The plaintiff sought general and aggravated damages, as well as compensation for the impact the assault had on her mental health.

The primary legal issue before the court was the assessment of damages for the child sexual assault, including both general and aggravated damages. The court needed to consider the extent of the harm suffered by the plaintiff, including the impact on her mental health and wellbeing, and the extent to which the defendant’s conduct was outrageous and contemptible. The court was also required to consider the appropriate amount of damages to compensate the plaintiff for her losses.

The court found that the plaintiff had established the allegations of child sexual assault on the balance of probabilities and awarded her general damages in the sum of $720,387, as well as aggravated damages in the sum of $275,000. The court found that the defendant’s conduct was extreme and had caused the plaintiff significant harm, both physically and mentally. The court also noted the impact of the assault on the plaintiff’s relationships, education and employment opportunities. The court ordered that the defendant pay the plaintiff’s costs of the action.