With thanks to Mathisha Panagoda for drawing my attention to the decision yesterday of Justice Fagan, providing an assessment of damages for sexual abuse in a matter excluded from the operation of the Civil Liability Act 2002 (NSW): MC v Morris [2019] NSWSC 1326 (available on Caselaw).
No award was made for exemplary damages as the compensation claim was precisely coextensive with the criminal case in which punishment by imprisonment had been imposed on the defendant (at [31]).
The compensatory damages assessment was summarised at [46]:
- General damages $400,000
- Interest on general damages for past suffering $115,000
- Past economic loss (wages) $840,000
- Past economic loss (superannuation) $92,400
- Interest on past economic loss $676,363
- Future economic loss (wages) $1,079,483
- Future economic loss (superannuation) $152,963
- Future medical expenses $20,000
- Future domestic care $134,304
- Total $3,510,513