P2 v D2

In the matter of P2 v D2, the plaintiff pursued damages against the defendant for sexual assaults that occurred over 40 years ago when the plaintiff was a child. The case was heard in the Supreme Court of New South Wales. The plaintiff alleged that there were additional assaults beyond the five for which the defendant had been previously convicted and sentenced.

The court was tasked with determining whether there were further assaults beyond those for which the defendant had been convicted, and if so, how many. The court was also required to assess the appropriate quantum of general damages, interest on past general damages, out-of-pocket expenses, and economic loss, including future loss of earning capacity. Additionally, the court had to consider the impact of payments made to the plaintiff by the Victims Support Fund under the Victims Rights and Support Act 2013 (NSW).

The court found that there were indeed additional assaults beyond those for which the defendant had been convicted. The court awarded the plaintiff $650,670 in damages, which included general damages, interest on past general damages, out-of-pocket expenses, economic loss, and future loss of earning capacity. The court also considered the payments made to the plaintiff by the Victims Support Fund and applied the relevant statutory provisions to determine the net amount payable by the defendant. The court ordered the defendant to pay the plaintiff's costs and granted leave for the parties to approach the Associate for a different costs order if either party sought one within seven days.