SMD v JDW

The matter before the court involved a plaintiff, SMD, who brought an action against the defendant, JDW, for sexual assault. The dispute centred around the assessment of damages, given that the defendant had been convicted of criminal offences against the plaintiff over a lengthy period. The Supreme Court of New South Wales was tasked with determining the appropriate compensation for the plaintiff's suffering and losses.

The court had to consider whether a claim for exemplary damages could be made despite the defendant's substantial imprisonment term. Additionally, the court assessed general and aggravated damages, alongside past and future economic losses and future out-of-pocket expenses. Ultimately, the court ruled that while exemplary damages were not awarded due to the existing punishment, the plaintiff was entitled to compensation for the extensive harm suffered. The court detailed the reasoning behind the award of general and aggravated damages, ensuring a comprehensive assessment of the plaintiff’s losses and the impact of the assaults.

In its judgment, the court awarded the plaintiff $534,000 in damages. This amount reflected the totality of the plaintiff's losses, including general and aggravated damages, and future economic losses and expenses. The court also mandated that the defendant pay the plaintiff's costs. To protect the plaintiff's privacy, the court issued orders under the Court Suppression and Non-publication Orders Act 2010 (NSW), prohibiting the publication of the parties' names and addresses. The court further ordered that the exhibits be retained until further notice.