VLS3 v Osborne [2026] NSWSC 1184 (Link to JADE).
The Plaintiff brought proceedings against the State of New South Wales (Department of Education) as First Defendant and Rex Thomas Osborne as Second Defendant. The Plaintiff settled her claim against the State of New South Wales in late 2025 and received a sum of money pursuant to that settlement. This judgment concerns the extant claim against Mr Osborne.
The second defendant had pleaded guilty to ten charges of indecent assault in 1987; three charges related to plaintiff. By the time of this hearing he was aged 85 years.
The plaintiff (who was apparently self represented) alleged abuse at the school (which was not proven) and on council property (which was established). The court was satisfied on the strength of the evidence that Mr Osborne engaged in some, but not all, of the acts constituting battery against the Plaintiff .
For the assessment of damages, s 3b(1)(a) CLA NSW was engaged. Damages were assessed, however there was a 30% deduction for most of the damages as a result of Dr Jungfer’s opinion that the Plaintiff’s psychiatric injuries can be apportioned 70% to the abuse and 30% to other traumatic events the Plaintiff has experienced.
Also of interested was a modest funds management award as a result of the court’s concern, based on Dr Jungfer’s report, that the Plaintiff’s gambling will impair her ability to manage her money.
The Plaintiff had settled her case against the State of New South Wales. She received an amount of $150,000 in that settlement. The sum awarded to the Plaintiff was reduced by that amount to avoid overcompensation.
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