JMD v GJH

Case [2012] WADC 124


JURISDICTION     :   DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION:   PERTH

CITATION:   JMD -v- GJH [2012] WADC 124

CORAM:   DAVIS DCJ

HEARD:   26-29 MARCH 2012

DELIVERED          :   10 AUGUST 2012

FILE NO/S:   CIV 1189 of 2009

BETWEEN:   JMD

Plaintiff

AND

GJH
Defendant

Catchwords:

Personal injury - Sexual assaults for which defendant was convicted - Summary judgment for tort of assault and battery - Conviction for offence of pursuing another to intimidate - Whether defendant also liable for tort of intentional infliction of harm - Assessment of damages - Whether aggravated damages ought to be awarded

Legislation:

Civil Liability Act 2002

Result:

Defendant liable for tort of intentional infliction of harm
Damages assessed at $342,662

Representation:

Counsel:

Plaintiff:     Mr I Morrison

Defendant:     Mr T Offer

Solicitors:

Plaintiff:     Michael Rogers & Associates

Defendant:     Curwood & Co

Case(s) referred to in judgment(s):

AM v KW [2005] NSWSC 876

Barclay Mowlem Construction Ltd v Dampier Port Authority [2006] WASC 281; (2006) 33 WAR 82

Bennett v The State of Western Australia [2012] WASCA 70

Brown v Dato Pty Ltd [2006] WASCA 170

Bunyan v Jordan (1937) 57 CLR 1

Carrier v Bonham [2001] QCA 234; [2002] 1 Qd R 474

Carter v Walker [2010] VSCA 340

Ciavarella v Balmer (1983) 153 CLR 438

Giller v Procopets (2008) 24 VR 1; [2008] VSCA 236

GJT v State of Western Australia [2011] WASCA 263

Heenan v Di Sisto [2008] NSWCA 25; (2008) A Torts Rep 81-941

Insurance Commission of Western Australia v Weatherall [2007] WASCA 264

Janvier v Sweeney [1919] 2 KB 316

Jongen v CSR (1992) A Torts Rep 81-192

K v G [2010] QSC 13

Kenny v Sholl (1905) 7 WALR 197

Khorasandjian v Bush [1993] QB 727

Lamb v Cotogno (1987) 164 CLR 2

Luxton v Vines (1952) 85 CLR 352

Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

Medlin v State Government Insurance Commission (1995) 182 CLR 116

Mickelberg v The Director of the Perth Mint [1986] WAR 365

Nationwide News Pty Ltd v Naidu [2007] NSWCA 377; (2007) 71 NSWLR 471

New South Wales v Lepore (2003) 212 CLR 511

Northern Territory v Mengel (1995) 185 CLR 307

P v R [2010] QSC 139

P v State of Western Australia [2007] WASCA 220; (2007) 177 A Crim R 69

Purkess v Crittenden (1965) 114 CLR 164

Roberts v The State of Western Australia [2005] WASCA 37

Rosniak v Government Insurance Office (1997) 41 NSWLR 608

Shorey v PT Ltd (2003) 77 ALJR 1104; (2003) 197 ALR 410

Spautz v Butterworth (1996) 41 NSWLR 1

Thomson v STX Pan Ocean Co Ltd [2012] FCAFC 15

Van der Velde v Halloran [2011] WASCA 252

Vim v The State of Western Australia [2005] WASCA 233; (2005) 31 WAR 147

Water Board v Moustakas (1988) 180 CLR 491

Watts v Rake (1960) 108 CLR 158

Wilkinson v Downton [1897] 2 QB 57

  1. DAVIS DCJ:  The plaintiff's claim is for damages suffered as a result…

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AGLC
JMD v GJH [2012] WADC 124
Case
[2012] WADC 124
Decision Date

CaseChat Overview and Summary

The case of JMD v GJH involved a dispute over personal injuries arising from sexual assaults for which the defendant was convicted. The plaintiff sought summary judgment for the tort of assault and battery, in addition to damages for the defendant's conviction for the offence of pursuing another to intimidate. The defendant contested the plaintiff's claims, arguing that he was not liable for the tort of intentional infliction of harm, and that the plaintiff's damages should be assessed without awarding aggravated damages.

The primary legal issues for the court to determine were whether the defendant was liable for the tort of intentional infliction of harm, and if so, the appropriate assessment of damages, including whether aggravated damages should be awarded. The court had to consider the extent to which the defendant's criminal conviction for pursuing another to intimidate could inform the tortious liability and the quantum of damages. The court also needed to assess whether the defendant's conduct amounted to intentional infliction of harm, separate and apart from the criminal conviction.

The court found that the defendant was indeed liable for the tort of intentional infliction of harm, as his actions were intentional and caused harm to the plaintiff. The court emphasised that the criminal conviction for pursuing another to intimidate could not preclude the plaintiff's claim for tortious damages. In assessing damages, the court determined that the plaintiff was entitled to aggravated damages, given the nature and circumstances of the defendant's conduct. The court awarded the plaintiff damages for pain and suffering, loss of amenities, and special damages, along with aggravated damages, reflecting the egregious nature of the defendant's actions.

The final orders of the court included a declaration that the defendant was liable for the tort of intentional infliction of harm, and that the plaintiff was entitled to damages for pain and suffering, loss of amenities, special damages, and aggravated damages. The court ordered the defendant to pay the plaintiff the assessed damages in full.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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