B P v K R & ANOR [2025] SASC 58 (Link to AUSTLII).
Default judgments had been entered in this matter, where the plaintiff alleged abuse (battery) by the first respondent when she was a child and when she was an adult, and by the second respondent when she was an adult. The first respondent was convicted for sexual abuse against a child being B P. He was also convicted in relation to offences against two other females. The second respondent was convicted and sentenced in relation to sexual offending against one of the other two females, but not the applicant.
By operation of s 3A of the Limitation of Actions Act 1936 no statutory limitation period operated to oust claims alleging abuse of a child. The default judgments operated to preclude an “out of time” defence being raised in relation to the applicant’s “adult claims”: ([10]).
The Civil Liability Act 1936 (SA) was held not to apply, as s 51 of the Act does not refer to a claim for damages for an intentional tort like battery: ([23]).
General damages were assessed at $400,000, with $300,000 apportioned for past general damages. Aggravated damages were assessed at $40,000. The applicant did not make claims for economic loss or for exemplary damages.
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