Haynes by her tutor Karen Lindley v Haynes

Case

[2022] NSWSC 581

18 May 2022


Details
AGLC Case Decision Date
Haynes by her tutor Karen Lindley v Haynes [2022] NSWSC 581 [2022] NSWSC 581 18 May 2022

CaseChat Overview and Summary

In the matter of Haynes by her tutor Karen Lindley v Haynes, the plaintiff sought damages for sexual assaults suffered at the hands of the defendant. The case was heard in the Supreme Court of New South Wales. The plaintiff, represented by her tutor, sought compensation for the severe psychiatric and physical injuries she sustained as a result of the defendant's actions. The defendant did not appear or defend himself in the proceedings, resulting in a default judgment for the plaintiff.

The court was required to determine the appropriate amount of damages to be awarded to the plaintiff, taking into account the severity of her injuries and the egregious nature of the defendant's actions. The court found that the Civil Liability Act 2002 NSW did not apply to this case due to section 3B(1)(a). The plaintiff suffered from significant psychiatric and physical injuries, as well as a dissociative identity disorder, as a result of the defendant's repeated abuse and gratuitous cruelty. The court considered these factors in assessing the appropriate amount of damages to be awarded.

The court found that the plaintiff was entitled to general damages for her injuries, as well as aggravated damages for the egregious nature of the defendant's actions. The court awarded the plaintiff $250,000 in general damages and $150,000 in aggravated damages, for a total of $400,000. The court also ordered the defendant to pay the plaintiff's costs of the proceedings.
Details

Areas of Law

  • Civil Litigation & Procedure

  • Tort Law

Legal Concepts

  • Summary Judgment

  • Breach of Contract

  • Trespass

  • Assault

  • Battery

  • Compensatory Damages

  • Aggravated & Exemplary Damages

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

2

Cases Cited

6

Statutory Material Cited

5

Lamb v Cotogno [1987] HCA 47
Lamb v Cotogno [1987] HCA 47
R v Falconer [1990] HCA 49