Eastlake v Capner

Eastlake was awarded default judgment against Capner for false imprisonment and the assessment of damages. The plaintiff, Eastlake, sought damages for the mistreatment she suffered at the hands of her de facto partner, the defendant, Capner. Neither Capner nor the Public Trustee, as temporary manager of Capner’s estate, filed a defence, and neither appeared at any stage of the proceedings. The plaintiff claimed general damages, aggravated damages and exemplary damages. The default judgment was conditional on the damages being assessed by the Court.

The court was required to decide the appropriate quantum of damages to award the plaintiff. The court also needed to determine whether the statutory bar of the Limitation of Actions Act 1974 applied to one of the pleaded events, despite it not being pleaded by the plaintiff. The court found that the statutory bar did not arise where it had not been pleaded. The court found that the plaintiff had suffered considerable mental and emotional harm as a result of the defendant’s actions.

The court awarded the plaintiff $364,203.72 in damages. The court awarded damages for four pleaded events, with interest, as well as exemplary damages. The court found that the plaintiff’s claim for damages was difficult to assess due to the unique and severe nature of the events. The court found that the plaintiff’s emotional and psychological harm warranted an award of exemplary damages.