P v D

In the Supreme Court of New South Wales, the case of P v D addressed a claim of sexual assault against the defendant by the plaintiff, who was a child at the time of the assault over 40 years ago. The plaintiff alleged that the assault resulted in psychological trauma, drug and alcohol abuse, and that the defendant's actions constituted an intentional tort. The case required the court to determine whether the defendant's liability for the assault was governed by the Civil Liability Act 2002 (NSW) or if common law principles should apply. Additionally, the court had to assess the damages that the plaintiff was entitled to receive, including general damages, interest on past general damages, out-of-pocket expenses, economic loss, and future loss of earning capacity.

The court found that the assault fell outside the scope of the Civil Liability Act 2002 (NSW) and that common law principles applied. The plaintiff's claim was complicated by the effects of the assault, drug and alcohol abuse, and medication on her memory. The court had to determine if the plaintiff's claims were barred by the statute of limitations, but found that they were not. The court also needed to consider the impact of the defendant's payment of victims compensation on the damages awarded. The court awarded general damages, interest on past general damages, out-of-pocket expenses, and economic loss, but found that there was no evidence to determine the plaintiff's future loss of earning capacity.

The court ordered judgment for the plaintiff against the defendant for $472,742.04, which was reduced to reflect the payment of victims compensation by the defendant. The court also ordered the defendant to pay the plaintiff's costs and the plaintiff to pay the defendant's costs of the Amended Defence filed on 26 September 2018. The court granted leave to the parties to approach the Associate within 7 days if any different costs order was sought. The court's decision provides guidance on the application of common law principles to sexual assault claims and the assessment of damages in such cases.