EA v PD NON-PUBLICATION Order

In the matter of EA v PD, the parties were a former client, EA, and a counsellor and hypnotherapist, PD. EA alleged that PD sexually exploited her during therapy sessions and that this exploitation resulted in psychiatric illness. The dispute was heard in the Supreme Court of Victoria. EA sought compensation for the harm caused by PD's alleged negligence, including compensatory and exemplary damages.

The court was required to determine whether PD owed a duty of care to EA, whether this duty was breached, and if the breach resulted in the psychiatric illness claimed. Additionally, the court needed to consider the appropriate quantum of damages if the claims were upheld.

The court found that PD did owe a duty of care to EA, which was breached by the alleged sexual exploitation. The court held that the breach caused the psychiatric illness experienced by EA. In determining the appropriate damages, the court awarded EA $400,000 in compensatory damages and $250,000 in exemplary damages. The court emphasised the seriousness of the breach and the need to deter similar conduct in the future.

The court ordered PD to pay EA $400,000 in compensatory damages and $250,000 in exemplary damages, with interest accruing from the date of the judgment until payment is made. Additionally, the court imposed a non-publication order to protect the identity of EA.