CITATION: Ruzica Varmedja v Svetozar Ved Varmedja [2007] NSWDC 385 HEARING DATE(S): 27, 28, 29 September 2006, 4, 5 October 2006, 16, 17, 18, 19 April 2007
JUDGMENT DATE:
30 April 2007JURISDICTION: Civil JUDGMENT OF: Walmsley SC DCJ at 1 CATCHWORDS: TORTS – Damages for physical and sexual assaults and batteries in marriage - DAMAGES – Whether necessary to make separate award for each of multiplicity of assaults / Lump sum appropriate method / Exemplary damages / Aggravated damages - LIMITATION OF ACTIONS – Whether cause of action barred LEGISLATION CITED: Crimes Act 1900
Family Provision Act 1982
Family Law Act 1975 (Cth)
Legal Profession Act 1987
Limitation Act 1969
Motor Accidents Compensation Act 1999
Criminal Injuries Compensation Act 1983 (ACT)
Evidence Act 1995
Civil Liability Act 2002CASES CITED: Regina v Clarence (1988) 22 QBD 23
Regina v Clarke [1949] 2 All ER 448
Cetojevic v Cetojevic [2006] NSWSC 431
De Winter v Johnston, (unreported, Court of Appeal, per Powell JA, 23 August 1995)
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541
South-West Area Health Service v Gabrielle [2001] NSWCA 477
Briginshaw v Briginshaw (1938) 60 CLR 336
Rejfek v McElroy (1965) 112 CLR 517
Gianoutsis v Glykis [2006] NSWCCA 137
Wainwright and Anor v Home Office [2003] UKHL 53
In the Marriage of C Kennon and D Kennon (1997) 22 FLR 1
Re application for Criminal Injuries Compensation (1991) 103 FLR 297
Dimas v Government Insurance Office (NSW) (1992) 15 MVR 213
Nowlan v Marson Transport Pty Limited (2001) 53 NSWLR 116
Lamb v Cotogno (1987) 164 CLR 1
State of New South Wales v Riley [2003] NSWCA 208
New South Wales v Ibbett (2006) 229 CLR 638
In the Marriage of Marsh (1993) 17 FLR 289
A v M [1991] 2 NZLR 228
Whitfield v De Lauret and Co Limited (1920) 29 CLR 71PARTIES: Ruzica Varmedja (Plaintiff)
Svetozar Ved Varmedja (Defendant)FILE NUMBER(S): 4041/05 COUNSEL: (P) R Sweet
(D) K PierceSOLICITORS: (P) Stojanovic Solicitors, Liverpool
(D) Armstrong Legal, Sydney
JUDGMENT
HIS HONOUR:
1. The plaintiff claims damages for a series of sexual assaults and batteries of a most humiliating kind she says occurred while she lived with the defendant, her then husband, from April 2001 until she left him on 21 September 2002.
2. The plaintiff was born in Serbia on 22 September 1953 and is aged fifty three. The defendant was also born in Serbia. He was born on 3 March 1927 and is eighty. She was previously married in Serbia. She has an adult son from that marriage. Her son lives in Serbia. The defendant was married before he married the plaintiff; he has children and grandchildren. The defendant came to live in Australia in 1960. He has lived here ever since, becoming an Australian citizen in 1967. Until she came here to live with the defendant in early 2001 the plaintiff had lived most of her life in Serbia. She and the defendant first met in Serbia in…
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- AGLC
- Varmedja v Varmedja [2007] NSWDC 385
- Case
- [2007] NSWDC 385
- Decision Date
CaseChat Overview and Summary
The court considered whether each assault should be treated as a separate cause of action, or if a single award was sufficient. It determined that while each incident was distinct, the nature of the relationship and the cumulative effect of the assaults warranted a lump sum award to adequately compensate the plaintiff. The court found that exemplary damages were not appropriate given the context of the relationship, but that aggravated damages were warranted due to the severity and duration of the abuse. The court also ruled that the limitation of actions had not expired, allowing the plaintiff to pursue damages for the assaults.
The court ordered the defendant to pay the plaintiff a lump sum for the physical and sexual assaults, including aggravated damages. The defendant was also directed to pay legal costs. The court clarified that the award was not intended to set a precedent for the amount of damages in similar cases, but to provide appropriate compensation for the plaintiff's suffering. The decision emphasised the importance of recognising the cumulative impact of domestic violence and ensuring that victims receive adequate support and justice.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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