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Abuse: Assessment of damages (NSW).


Mirosevich v Laughlan [2022] NSWSC 1103 (on Caselaw)

The Court was required to assess damages in a matter where the plaintiff alleged sexual abuse when aged 11 years by the defendant, who was then in a relationship with her mother. He was later convicted of three counts of sexual assault. He did not file a defence to the present claim.

Damages were assessed including general damages ($400,000 which included allowance for aggravated damages), interest on past general damages, medical expenses and economic loss ($325,000 as a buffer). Exemplary damages were not awarded as defendant has been punished and sentenced for the offences criminally, and despite not being sentenced for each specific instance of abuse, the sentencing Judge’s discretion in determining the sentence which was imposed had an obvious regard to the totality of the defendant’s criminal conduct in the context in which the specific offences were committed.

An amount of $35,000 was also allowed as compensation for her living and rental expenses during the period where she lived out of home to try and escape the memories of staying at her family home.

[BillMaddensWordpress #2029]


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