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With thanks to Rob Davis for drawing this matter to my attention.
Gardiner v Doerr [2022] QSC 188 (on AUSTLII).
The plaintiff (Ms Gardiner) sought damages in respect of an assault upon her by the defendant (Mr Doerr). At the time of the alleged assault Ms Gardiner and Mr Doerr were married but had recently separated. Mr Doerr denied that the alleged assault described by Ms Gardiner occurred at all or, if such an incident did occur, that he was not involved in it. Mr Doerr also disputed the quantum of damages claimed.
Mr Doerr was charged but was acquitted following a trial in the District Court. However the trial judge held that hat Mr Doerr broke into Villa 1 and attacked Ms Gardiner. Accordingly Mr Doerr is liable to Ms Gardiner in the tort of battery.
Damages were assessed in the total sum of $967,113.40 as follows:
General damages $8,410
Past economic loss $358,123
Interest on past economic loss $58,302
Future economic loss $343,081
Gratuitous services $35,560
Special damages $13,412.40
Interest on special damages $1,899
Future special damages $13,126
Aggravated damages $50,000
Interest on aggravated damages $17,600
Exemplary damages $50,000
Interest on exemplary damages $17,600
[BillMaddensWordpress #2061]
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