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Abuse: Assessment of damages for abuse in family setting.

By Bill Madden on May 22, 2022
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Haynes by her tutor Karen Lindley v Haynes [2022] NSWSC 581 (on Austlii).

With thanks to Mathisha Panagoda for drawing attention to this damages assessment matter, which saw an assessment of general damages at $500,000, with an additional $100,000 for aggravated damages and $240,000 for interest over 30 years. The total assessment was $840,000.

The claimant’s action was against her father for trespass, battery and personal injury in the nature of sexual abuse when aged between 4 and 11 years. The family lived in both Australia and England however the claim was only for assaults that occurred in Australia.

A number of incidents of sexual abuse were the subject of criminal proceedings. The defendant admitted guilt in respect of a number of these incidents of sexual abuse, which would appear to explain the abandonment of a claim for exemplary damages.

See also Haynes by her tutor Lindley v Haynes [2020] NSWSC 358 in respect of the use of certain evidence in a Mareva injunction application.

[BillMaddensWordpress #1982]

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