Perez v Reynolds

Perez v Reynolds involved a claim for damages by a former student, Perez, against Reynolds, a former teacher at his primary school, for childhood sexual abuse. Perez alleged that he suffered ongoing psychiatric and psychological consequences as a result of the abuse, which included pain and suffering, loss of enjoyment of life, economic loss and medical expenses. The case was heard in the Supreme Court of New South Wales.

The legal issues the court had to decide included the appropriate method for assessing damages for loss of earnings in cases where the plaintiff was self-employed, as was Perez. The court considered whether it was appropriate to assess Perez's loss of earnings based on his average weekly earnings, as would be the case for an employee, or whether another method should be used. The court also considered the impact of the ongoing psychiatric and psychological consequences of the abuse on Perez's ability to work and earn income.

In deciding the case, the court held that assessing Perez's loss of earnings based on his average weekly earnings was not appropriate. Instead, the court followed the decision in "B" v Reineker, where it was held that in cases where the plaintiff was self-employed, the court should consider the plaintiff's capacity to earn income and the likelihood of future earnings, rather than their actual past earnings. The court also considered the decision in Todorovic v Waller, where it was held that damages for pain and suffering should be assessed on the basis of the severity and duration of the plaintiff's injury. In Perez's case, the court awarded damages for pain and suffering, loss of enjoyment of life, economic loss and medical expenses.

The court ordered Reynolds to pay Perez damages in the amount of $450,000, which included $200,000 for pain and suffering, $150,000 for loss of enjoyment of life, $50,000 for economic loss and $50,000 for medical expenses. The court also ordered Reynolds to pay Perez's legal costs.