Hand v Morris

Hand brought an action against Morris, his former step-father, for sexual abuse that occurred during his childhood. The matter was heard by the Supreme Court of Victoria, where the primary judge assessed the damages payable to the plaintiff. The plaintiff claimed damages for the psychological and psychiatric consequences of the abuse, including loss of earning capacity, pain and suffering, loss of enjoyment of life, and medical expenses. The defendant argued that the plaintiff's claims were speculative and uncertain, and that the assessment of damages should be limited to the present time.

The court had to determine the appropriate method for assessing damages for future or potential events, as well as the appropriate amount of damages for each head of claim. The court noted that the assessment of damages for future events is a complex and uncertain process, and that the court must consider all relevant factors, including the nature and extent of the injury, the likelihood and severity of future consequences, and the potential for mitigation. The court also noted that the plaintiff's claims for loss of earning capacity and medical expenses were relatively straightforward, while the claims for pain and suffering and loss of enjoyment of life were more difficult to assess.

The court found that the plaintiff had suffered significant psychological and psychiatric consequences as a result of the abuse, and that these consequences were likely to continue into the future. The court also found that the plaintiff's claims for loss of earning capacity and medical expenses were reasonable and appropriate, and awarded damages accordingly. The court found that the plaintiff's claims for pain and suffering and loss of enjoyment of life were more difficult to assess, but that the plaintiff had suffered significant and ongoing harm as a result of the abuse. The court awarded damages for these claims, taking into account the uncertainty and unpredictability of future events.

The court ordered that the defendant pay the plaintiff damages for the psychological and psychiatric consequences of the abuse, including loss of earning capacity, pain and suffering, loss of enjoyment of life, and medical expenses. The court also ordered that the defendant pay interest on the amount of damages awarded, and that the plaintiff pay a proportion of the defendant's legal costs.