Cooper v Mulcahy

This case concerned an appeal and cross-appeal arising from property adjustment proceedings under the *Property (Relationships) Act 1984* (NSW). The primary dispute involved the inclusion of damages awarded for assaults and batteries within the asset pool for division between the parties, and the respondent's cross-claim for immediate payment of her share of property. The appeal court was asked to consider whether certain claims for damages were statute-barred and to reassess the quantum of damages and the overall property adjustment.

The legal issues before the court included whether the respondent's claims for damages for assault and battery were barred by section 52 of the *Limitation Act 1969* (NSW), considering the appellant's alleged "disability" and conflicting medical evidence regarding the respondent's capacity. The court also had to determine the appropriate quantum of damages for the assaults and batteries, including whether aggravated damages were warranted, and to assess the evidentiary basis for awards of economic loss and out-of-pocket expenses. Furthermore, the court was required to consider whether the asset pool should be adjusted to reflect the damages and whether the respondent was entitled to an immediate payment of her share of the property.

The Court of Appeal allowed the appeal, finding that most of the respondent's claims for damages for assault and battery were statute-barred under section 52 of the *Limitation Act 1969*, with the exception of an assault that occurred in 2007. The court quashed the judgment in favour of the respondent on her cross-claim, which had sought immediate payment of her property share. Instead, the court declared the total asset pool for distribution to be $1,405,782 and entered judgment for the respondent on her cross-claim in the amount of $4,000. The respondent was ordered to pay the appellant's costs of the appeal and cross-appeal.