SA v CH and LH (Pseudonyms)

[2022] NSWDC 140

District Court

New South Wales

Medium Neutral Citation:

SA v CH & LH (Pseudonyms) [2022] NSWDC 140

Hearing dates:

3 May 2022

Date of orders:

3 May 2022

Decision date:

03 May 2022

Jurisdiction:

Civil

Before:

Judge Levy SC

Decision:

See paragraph [16] for orders.

Catchwords:

DAMAGES – assessment of compensatory, aggravated and exemplary damages for historical sexual abuse during childhood

Legislation Cited:

Court Suppression and Non-publication Orders Act 2016 (NSW), s 6, s 7, s 8, s 12

Crimes Act 1900 (NSW), s 66A, s 61E

Category:

Principal judgment

Parties:

SA (Plaintiff)
CH (First defendant)
LH (Second defendant)

Representation:

Counsel:
Mr D Baran (Plaintiff)
No appearance (Defendants)

Solicitors:
Mr Nicholas Dan (Plaintiff)

File Number(s):

2022/25624

Publication restriction:

A non-publication order applies to these proceedings

Judgment

Nature of case and non-publication order

1. These proceedings involve a claim by the plaintiff for damages for repeated intentional trespass to his person by two tortfeasors who, as teenagers, carried out a series of historical sexual assaults upon him commencing when the plaintiff was aged eight years. Those assaults took place between 1986 and 1987. The two teenage perpetrators were brothers and neighbours of the plaintiff.

2. As all those involved in the events complained of were minors at the time, pursuant to s 6, s 7, s 8 and s 12 of the Court Suppression and Non-publication Orders Act 2016 (NSW), for the proper administration of justice, and in the interests of the safety and wellbeing of the plaintiff, a non-publication order applies to these proceedings as the interests of open justice are outweighed by the plaintiff’s exceptional circumstances and his need for privacy. Accordingly, litigation pseudonyms have been assigned to the parties as follows:

• The plaintiff - SA

• The first defendant - CH

• The second defendant - LH.

Procedural history

3. The plaintiff’s statement of claim was filed on 28 January 2022. The defendants were each served with a copy of the statement of claim on 11 February 2022. They have not filed an appearance and they have not sought to take part in the proceedings. On 21 March 2022 a default judgment was entered against each defendant. I am satisfied from reviewing the correspondence on the court file that each defendant has been appropriately informed of today’s assessment hearing.

Facts

4. The plaintiff is presently age 43 years. He is an impressive witness. Describing the events was difficult for him. The defendant brothers are several years older than the plaintiff. Between 1986 and 1987 the defendants, as teenagers, befriended the plaintiff, who was innocent on matters of sexuality, and they heinously engaged in repeated acts of sexual depravity upon him. This has had deleteriously life changing consequences for him. In legal terms, those acts of depravity constituted repeated acts of battery that have had lasting traumatic psychological effects upon the plaintiff. These events occurred at a time when the plaintiff was legally incapable of consenting to such activity, let alone understanding the nature and the adverse long-term ramifications for him of such activity.

5. The…