PANAYOTOU -v- PANAYOTOU [2025] WADC 100 (Link to JADE).
Ms Panayotou’s claim was for damages for battery committed upon her by her paternal grandfather; the defendant Mr Pandalis Panayotou. The battery was constituted by repeated sexual abuse of Ms Panayotou from 1995 to 2007; from when she was less than 4 years of age until she was 16 years of age.
Mr Panayotou was charged with four counts of sexual penetration and three counts of indecent dealing in circumstances of aggravation against Ms Panayotou. This was in contravention of s 392(2) and s 392(4) of the Criminal Code (WA) respectively. After trial Mr Panayotou was found guilty. Mr Panayotou did not participate in the present proceedings. A default judgment was obtained against him.
Damages were assessed as follows at [325] which took into account an 8 per cent discount for ordinary contingencies in respect of future earning capacity.
| General damages | $400,000.00 |
| Past loss of earning capacity (including super) | $501,001.00 |
| Future loss of earning capacity (including super) | $966,432.40 |
| Pre‑Judgment Interest | $202,905.41 |
| Future medical expenses | $36,234.60 |
| Total | $2,106,573.41 |
| Less Criminal Injuries Compensation | -$150,000.00 |
| Total | $1,956,573.41 |
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