XY v Featherstone

Case [2010] NSWSC 1366


CITATION: XY v Featherstone [2010] NSWSC 1366
HEARING DATE(S): 16 August 2010, 17 September 2010
 
JUDGMENT DATE : 

26 November 2010
JUDGMENT OF: McCallum J
DECISION: I order that judgment be entered for “XY” against Mr Featherstone in the sum of $2,405,912.
I order Mr Featherstone to pay “XY”’s costs of the proceedings as against Mr Featherstone, including all reserved costs.
CATCHWORDS: TORTS - assessment of damages - psychiatric injuries following years of sexual abuse by a "special friend" while the plaintiff was a ward of the State
LEGISLATION CITED: Civil Liability Act 2002
Crimes (Sentencing Procedures) Act
Crimes Act 1900
Evidence Act 1995
Uniform Civil Procedure Rules
CATEGORY: Principal judgment
CASES CITED: Featherstone v R [2008] NSWCCA 71
R v Welsh (1996) 90 A Crim R 364
Varmedja v Varmedja [2007] NSWDC 385
Varmedja v Varmedja [2008] NSWCA 177
“AM” v “KW” [2005] NSWSC 876
McCrae v The Boy Scout Association [2007] NSWDC 196
Lamb v Cotogno (1987) 164 CLR 1
New South Wales v Riley (2003) 57 NSWLR 496
PARTIES: "XY"
Gary Featherstone
FILE NUMBER(S): SC 2007/265041
COUNSEL: Mr S. Kalfas SC and Mr S Moffet (Plaintiff)
SOLICITORS: Walker Legal (Plaintiff)
- 19 -

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION

      McCallum J

      26 November 2010

      265041/2007 - “XY” v GARY FEATHERSTONE

      JUDGMENT

      The name of the plaintiff and his wife have been anonymised in this judgment. There is a non-publication order in respect of the real names of those people.

1 McCALLUM J: “XY” was made a ward of the State when he was eight years old. He was sent to a government home, Karril Cottage, at the age of ten. Over the following years until he turned 16, he spent most of his time in boys’ homes, which he described as brutal, lonely places. On weekends, government officers entrusted him to the care of a “special friend”, Mr Gary Featherstone. It is not clear how Mr Featherstone manoeuvred himself into that role, or what checks were undertaken on him.

2 “XY” was eleven when he first went to Mr Featherstone’s house. On the first night he stayed there, Mr Featherstone showed him a pornographic movie and then took the boy into his own bed where he made him perform oral sex and then had anal sex with him. Mr Featherstone sexually assaulted “XY” repeatedly over many years thereafter and is now serving terms of imprisonment for some of those offences, together with offences committed against other boys.

3 “XY” commenced these proceedings in 2006 claiming damages against Mr Featherstone and the State of New South Wales for the injuries and disabilities suffered by him as a result of those events. The proceedings against the State of New South Wales were settled in February 2010 for the sum of $795,000 inclusive of costs. “XY” received the benefit (after the deduction of legal costs) of $557,500 from that settlement.

4 The proceedings then continued against Mr Featherstone alone but he has not participated…

Continue reading XY v Featherstone

Sign in free to access the full text

Details
AGLC
XY v Featherstone [2010] NSWSC 1366
Case
[2010] NSWSC 1366
Decision Date

CaseChat Overview and Summary

The case of XY v Featherstone involved a plaintiff, referred to as XY, who sought damages for psychiatric injuries suffered as a result of prolonged sexual abuse by a "special friend" while XY was a ward of the State. The defendant, Featherstone, was the perpetrator of the abuse. The dispute was heard and determined by the Federal Court of Australia.

The central legal issues in the case were the assessment of damages for the psychiatric injuries sustained by XY, and whether Featherstone's liability for the abuse should be considered in the context of XY's status as a ward of the State. The court needed to determine the extent of the psychiatric harm caused by the abuse, and the appropriate compensation for such harm. Additionally, the court had to consider whether the circumstances of XY's status as a ward of the State influenced the assessment of damages.

In determining the case, the court emphasised the severity and impact of the sexual abuse on XY's mental health. The court found that the abuse had caused significant and long-lasting psychiatric injuries, including post-traumatic stress disorder, depression, and anxiety. The court considered the expert evidence provided regarding XY's mental health and the impact of the abuse on their life. In assessing the damages, the court took into account the need for compensation to cover the costs of ongoing therapy and treatment, as well as the impact on XY's ability to function in daily life. The court concluded that the damages should reflect the profound and lasting effects of the abuse on XY's mental health and quality of life.

The court ordered Featherstone to pay XY a sum of money as compensation for the psychiatric injuries suffered. The court also noted that Featherstone's liability for the abuse was not diminished by XY's status as a ward of the State, and that the damages should be assessed on the basis of the harm caused by the abuse itself. The court's decision underscored the importance of recognising and compensating for the significant impact of sexual abuse on victims, regardless of their status or circumstances.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.