Gibson v Bloomdale [2026] NSWSC 952 (Link to Caselaw).
With thanks to Jacinta Smith for drawing attention to this matter, in which the court assessed damages in a claim by the plaintiff (daughter) against the defendant (her father). The defendant did not participate in the litigation.
The claim was for events occurring from the mid 1970s when the plaintiff was aged 6 and continued for about 9 years. The abuse was physical in nature and held to be serious physical abuse hence s 6A of the Limitation Act applied.
The defendant had not been charged with any criminal offences so there was an award for exemplary (and aggravated) damages.
The damages assessment was as follows, noting that s 3B(1)(a) of the Civil Liability Act applied.
| General damages | $325,000 |
| Interest on general damages | $130,000 |
| Past economic loss | $300,000 |
| Past superannuation benefits | $30,000 |
| Interest on past economic loss | $210,000 |
| Future economic loss | $350,000 |
| Past out-of-pocket expenses | $5,000 |
| Future out of pocket expenses | $53,990 |
| Aggravated and exemplary damages | $75,000 |
| Total | $1,478,990 |
[BillMaddensWordpress #2567]