SA v CH & LH (Pseudonyms) [2022] NSWDC 140 (on Caselaw).
These proceedings involved a claim by the plaintiff for damages for repeated intentional trespass to his person by two tortfeasors who, as teenagers, carried out a series of historical sexual assaults upon him commencing when the plaintiff was aged eight years. Those assaults took place between 1986 and 1987.
The two (then teenaged) perpetrators were brothers, and neighbours of the plaintiff. They were later convicted of offences under s 66A and s 61E(1) of the Crimes Act 1900 (NSW).
The defendants did not file appearances nor take any role in the proceedings.
The court awarded general damages $150,000 (including some allowance for aggravated damages), loss of earning capacity and treatment costs. Exemplary damages of $75,000 were awarded in respect of each of the defendants, presumably as although convicted they had not served terms of imprisonment.
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