O v N [2026] SADC 88

Applicant: O Counsel: MR D BLYTH WITH HIM MS A TAYLOR - Solicitor: WEBSTERS LAWYERS Respondent: N Other: SELF-REPRESENTED Hearing Date/s: 07/10/2025 File No/s: CIV-24-009718 B DISTRICT COURT OF SOUTH AUSTRALIA (Civil) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment. The onus remains on any person using material in the judgment to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court in which it was generated. O v N [2026] SADC 88 Judgment of His Honour Judge White 24 July 2026 DAMAGES - PARTICULAR AWARDS OF GENERAL DAMAGES - SOUTH AUSTRALIA TORTS - INTERFERENCE WITH THE PERSON - TRESPASS TO THE PERSON - DAMAGES Claim by applicant for damages for trespass to the person (battery) and negligence - historical sexual abuse - judgment entered against respondent in default of a defence - non-application of Civil Liability Act 1936 - damages assessed in accordance with common law principles - sexual abuse perpetrated against applicant as a child - impact of judgment in default on issues - relevance of and approach to application of interstate courts' awards for general damages for non-economic loss - consideration of awards of interest for pre-trial non-economic loss and for aggravated damages considered. Uniform Civil Rules 2020 (SA); Civil Liability Act 1936 (SA); District Court Act 1991 (SA), referred to. B P v K R & Anor [2025] SASC 58, applied. Skelton v Collins (1966) 115 CLR 94; S, M v S, RK [2019] SADC 184; New South Wales v Riley [2003] NSWCA 208; Cassell & Co Ltd v Broome [1972] AC 1027, considered. -- 1 of 30 -- -- 2 of 30 -- O v N [2026] SADC 88 Civil Jurisdiction 1 This is a claim for damages for trespass to the person (battery) and negligence.1 2 The applicant claimed that she did not consent to the sexual assaults or sexualised conduct committed on her by the respondent and was incapable of doing so by law from a time period in 1978 to 1985. 3 The applicant has claimed that as a result of the sexual abuse, she has suffered injury, loss and damage. Default judgment 4 Pursuant to the Uniform Civil Rules 2020 (UCR), judgment in default of filing a Defence was entered in favour of the applicant on 18 November 20242 with relief to be assessed. Summary of issues 5 The respondent has admitted the sexual abuse and sexualised conduct in the criminal jurisdiction of this Court. Importantly for the applicant, the default judgment means there is no contest to the allegations she makes. 6 I will therefore briefly outline the important events relevant to this trial. • The applicant was born in England in late 1967. • She, her parents and siblings moved to Australia when she was 10. This was part of a much larger family group that included the respondent, her biological aunt’s husband. This large family group all settled in the same regional area in South Australia. • The sexual abuse that is the basis for this claim began in 1978 and continued to 1985. She was aged 11 when it began and 17 when it finished. • Prior to the abuse, she was a happy young girl that was doing well at school. She had a solid friendship group. • She seeks to prove in this trial that the abuse dramatically changed her life and its effects on her are ongoing and substantial in vital aspects of her life as an adult married working woman with children. 1 FDN 1 – Claim filed 11 October 2024. 2 FDN 3. -- 3 of 30 -- [2026] SADC 88 2 • This judgment is to determine whether she has proved injury, loss and damage and, if established, the appropriate awards of damages to her based on the respondent’s past conduct against her as a child. Principles for assessment of damages 7 I accept the applicant’s argument that as her claim includes an intentional tort of trespass to the person, damages are assessed pursuant to common law principles and not constrained by any limitation in Part 8 of the Civil Liability Act 1936. 8 I gratefully adopt and apply the statement of applicable law on this topic as set out by the Honourable Auxiliary Associate Justice Costello in B P v K R & Anor.3 The Trial 9 Due to the respondent’s age, state of health, and that he is in custody outside metropolitan Adelaide, his attendance at trial was through an audio-visual link from custody. 10 I am satisfied he had been served pre-trial with all relevant documents concerning this trial and the proposed affidavit evidence of the applicant.4 11 The applicant gave evidence by affidavit and supported by oral evidence at trial. She called supporting evidence from Dr Jules Begg, psychiatrist, and her husband. The respondent did not give evidence. Statement of Claim 12 The applicant is seeking $651,520 on the basis of claiming $650,000 in damages and the Court Filing Fee of $1,520. 13 The damages sought include exemplary and aggravated damages; and interest on past non-economic/non-pecuniary loss. Evidence in support of claim 14 The applicant tendered a Trial Book containing the following relevant evidence, namely: 1. Tender Book (except documents 8 and 9).5 2. Affidavit of Alice Mary McInerney Taylor dated 7 October 2025.6 3 [2025] SASC 58 at [19] – [24]. 4 See Affidavit of Ms Taylor tendered as Exhibit A2. 5 Exhibit A1. 6 Exhibit A2. -- 4 of 30 -- [2026] SADC 88 3 3. Bundle of text messages between the applicant and various people from 22 June 2023 and 16 March 2024 comprising 27 pages.7 4. Her affidavit of personal injury particulars dated 7 March 2025 (FDN 11).8 5. A further affidavit of the applicant sworn on 26 September 2025 (FDN 35).9 6. Expert report of Dr Jules Begg dated 19 November 2024.10 7. Expert report of Dr Jules Begg dated 27 February 2025.11 8. Affidavit of the applicant’s husband sworn 26 September 2025 (FDN 36).12 Applicant’s evidence (i) General 15 As noted, in addition to her affidavits, the applicant gave oral evidence at trial. 16 In oral evidence the applicant confirmed she was born in England and lived in Exeter before her family came to Australia when she was 10. 17 In England, she was part of a ‘normal happy family’13 of two parents with her being the oldest child. She has a younger sister by 15 months and a younger brother by 3 years. She outlined events such as going with her parents on picnics, the beach and playing in the backyard as well as enjoying school. 18 Unsurprisingly, she labelled herself as a ‘happy, normal kid’ without any problems at school. She assessed herself as an ‘average student with one lasting friendship out of two really good friends at school’.14 (ii) Respondent’s interjection during her evidence 19 During her evidence on this topic, she was asked the following question: ‘How would you describe yourself in terms of your social abilities as a younger child’. The respondent interrupted mumbling ‘a slut’. 20 He was specifically warned by me concerning contempt of court. I adjusted the audio-visual link so that the Court could not hear him as we sat but he was able 7 Exhibit A3. 8 Exhibit A5. 9 Exhibit A6. 10 Exhibit A7. 11 Exhibit A8. 12 Exhibit A9. 13 T17. 14 T17-18. -- 5 of 30 -- [2026] SADC 88 4 to hear and see the applicant in evidence. I know that the applicant heard this comment. She maintained her composure outwardly and continued with her evidence. (iii) Relationship with her parents 21 The applicant described her relationship with her parents before the abuse as being ‘really, really, really, really close to my dad’ but after the abuse that close relationship ended.15 She loved her mother. They were good parents prior to the abuse. Her relationship with her father has not recovered since the abuse. (iv) Life as a student before abuse 22 The applicant described herself as a ‘C student’ but that she tried regarding her studies. She liked history, especially Australian history, and sport. She was more of a humanities student than a science student.16 She enjoyed netball, tennis and horse-riding together with a good memory of times with family and friends. 23 All of her father’s family, including his sister who married the respondent, came to Australia. Her parents were the last of the siblings to emigrate.17 Her aunty, the respondent and her grandparents also moved to the same regional area as her immediate family. (v) Evidence of abuse 24 The applicant outlined three principal events of abuse, namely: • The first incident she described as the occasion of ‘hide and seek’. This occurred when she was 11-12 years old. • On a boat at a local beach when she was 13 years old. • Continuing abuse during car rides with the respondent to her workplace which began when she was 15 years old. (vi) First incident - hide and seek assaults 25 This occurred when the applicant was 11-12 years of age. It involved the following sexual contact by the respondent, namely: touching, forced masturbation, attempted oral sex and explicit sexualised statements and coercion. 26 Her oral evidence to support her allegations by affidavit detailed that this episode occurred in the living room and bathroom of her family home when her brother and sister were home. 15 T18. 16 T20. 17 T22. -- 6 of 30 -- [2026] SADC 88 5 27 That night, the respondent had the role of the babysitter as the applicant’s parents were out. 28 This was the only time that he performed babysitting. 29 As is consistent with the game of hide and seek, the respondent, as an adult, took the role of the finder and the children the role of hiding. The applicant hid behind the family room door when the inevitable happened and he found her. He announced to her ‘I’ve got ya’.18 She described what happened from there:19 A. He pinned me up against the wall, the door, and he lifted up my nighty, and I remember him saying 'Anymore than a mouthful and it's a waste' and then he sucked on my nipples, and he tried to grab between my legs. And I just remember just standing there like, just thinking what in the hell is happening here, what's going on, and feeling so frightened, not knowing what's happening. Q. You said you were standing there. Was he seated or standing. A. He was kneeling down. Q. So when he first came towards you what did he do. A. He pushed me up against the door. Q. Was he standing or kneeling at that point. A. He would have been standing. Q. And so do you recall a point when he transitioned from standing to kneeling. A. When he grabbed my nighty. Q. Now what was the situation with the door at this point. Did it remain obscuring you from the rest of the room. A. No, it was shut then, because he pushed me up against the door and shut the door. Q. So you were pushed up against the door or the wall. A. Yep, the door. Q. Now did you say anything to him at this point. A. I can't remember. I don't think so. I just think I shut down and didn't say a word. Q. How long did this activity, if I might call it that, last. A. Five minutes I'd say, five to 10 minutes. Q. During that time what was he doing. 18 T24. 19 T24.11 – T25.7. -- 7 of 30 -- [2026] SADC 88 6 A. Sucking on my nipples and trying to touch between my legs. Q. Do you recall whether he said anything else to you. A. No. 30 The applicant also gave evidence that the abuse continued when he led her to the bathroom, and in particular the sink, namely:20 Q. So what is your next clear memory after being pinned up against the wall. A. My next clear memory is being in the bathroom at the bathroom sink, and he had his penis out and he had his hand on his penis. And then he grabbed my hand and he made me put my hand on his penis, and he made me - sorry your Honour - wank him, and then he pushed my head down. Q. I might just go back to the start of that. Do you recall when he took his penis out. A. Straight away. Q. Straight away when. A. When we got in the bathroom. Q. I wonder if you could describe for his Honour's benefit the general layout of the bathroom. A. The bathroom, you'd walk in through the door, go straight in, but the sink's there (INDICATES), the shower's in the corner, and the bath runs from the door to the shower. It's only a very small bathroom. It's a small Trust house. HIS HONOUR Q. Was the shower part of the bath. A. No. XN Q. How much space was there in the bathroom for people to stand without being in the shower or the bath. A. Tiny. Smaller than this area here. It's a very small bathroom. HIS HONOUR: The witness indicating the general witness box area. XN Q. Now had he taken his penis out at any point before you were in the bathroom A. No, no. 20 T25.15 – T29.15. -- 8 of 30 -- [2026] SADC 88 7 Q. Do you recall how long it took you to walk from the living room to the bathroom. A. No, I don't, sorry. Q. How long is the distance between the two. A. Probably from here to the door. It's not a very big house. It's a tiny little house. MR BLYTH: The witness is indicating approximate depth of 8 m. HIS HONOUR: Yes. A. Sorry. HIS HONOUR Q. That's all right. There used to be a map of a plan of the dimensions of the court. A. It's, I don't know, probably about 10 m. HIS HONOUR Q. All right. Well anyway, your best estimate is what we can all see in this court is where you are sitting in the witness box to the entrance door. A. Yep. XN Q. Do you recall through which door you went to get to the bathroom. A. No, but I think it would have been through the kitchen door. Q. And by the kitchen door, that's the sliding door. A. The sliding door. Q. Did he lead you there, or did you lead him. How did that work. A. I think he led me, but I can't remember. HIS HONOUR Q. Your next memory from the door area is at the bathroom sink. A. Yep. XN Q. Now you said he took his penis out. A. Mm-hmm. Q. Were you facing each other at this point. A. I was looking at the sink. -- 9 of 30 -- [2026] SADC 88 8 Q. And where was he relative to that. A. To my right hand side. Q. So he was beside you. A. Yep. Q. On your left side or your right side. A. Right side. Q. Was the door open or closed. A. I would say, yeah closed. Q. So he was standing on your right beside you and he took his penis out. A. Yep. Q. What happened then. A. He started wanking himself, and then he made by wank him. He got my hand and put his hand over my hand. Q. Do you recall which hand. A. I think it was my right hand. I'm pretty sure it was my right hand. Q. And what did he do with your hand. A. He grabbed it and put it on his penis and then he covered his hand with my hand. Q. And then what did he do. A. He made me wank him. Q. How long did that last. A. A couple of minutes. Q. What happened next. A. Then he ejaculated, and then he grabbed my head and he pushed my head down. Q. So he ejaculated before he pushed your head down. A. Yep. Q. And when you say he pushed your head down, what precisely do you mean by that. A. He pushed my head down to touch his penis with my mouth. Q. Do you recall which hand he used to do that. A. I would say his left hand. -- 10 of 30 -- [2026] SADC 88 9 Q. Were you still standing side-by-side at this point. A. Yep. Q. And so after he'd ejaculated, he pushed your head down. How far did he push your head. A. I remember clenching my teeth shut and it went into my mouth and to the side of my mouth. Q. But no further than your teeth. A. No. Q. And how long did that last. A. A couple of minutes. Q. What happened then. A. Then he said he's (sic) clean the sink out and I better go to bed. (vii) Summary of immediate effect of the hide and seek incident of abuse 31 The applicant stated that this episode of abuse left her ‘confused, lost, scared, uneasy … not really knowing what’s happened. You know, I was 11, 11 or 12, and – 11 year olds shouldn’t know that sort of stuff, shouldn’t have had to have experienced that sort of stuff and it was … scary’.21 32 She went to bed in a bewildered state. After getting to sleep, she was awoken by the respondent having his hands under the blankets. He was ‘trying to get between my legs’.22 She resisted and then he demanded she go to the living room with him where she sat on a chair and was given a cigarette by him. 33 The respondent then threatened her that she ‘couldn’t tell anybody what we’d done … if I told anybody it would hurt Aunty [J] – it would kill Aunty [J]. If I hurt Aunty [J] my cousins wouldn’t want anything to do with me. I was really, really, really close to my cousin M, she’s a bit older than me and I really looked up to her and not having a relationship with M would have really killed me’.23 34 M is the respondent’s daughter. 35 She obeyed this threat of remaining silent until she was contacted by SA Police on 8 September 2022.24 21 T29-30. 22 T32. 23 T32-33. 24 T33. -- 11 of 30 -- [2026] SADC 88 10 (viii) Second incident – beach incident 36 The applicant’s evidence was that the respondent took her out on a small boat when she was approximately 13 years of age. They were significantly out to sea and away from any possible eyewitness. 37 He suggested that he come sit next to her on this boat as he was sitting at the stern by the outboard motor. He leant forward to try to touch her and grab her whilst steering the boat into figures of eight. She thought his intent was to dislodge her from her seat. He told her that she should sit next to him so he could do what he did to her last time. When she refused, he manoeuvred the boat in the figure of eight pattern. She kept telling him that he needed to stop. Eventually, he did and they returned to shore. (ix) Third incident – the applicant being taken to work by the respondent on multiple occasions 38 The applicant’s evidence was that at about age 15, she discontinued her schooling and found a job at a local hotel. The respondent worked nearby and through arrangements made with her parents, he drove her to work every week- day except Tuesday. On these trips as soon as she would get in the car, she would lean up as close as she could to the passenger’s door to avoid physical touching by him. He was always ‘talking disgusting things, saying that he wanted to do this to me and that we should do this and we should do that’.25 39 He was always trying to grab her leg. As a result, she always felt ‘so miserable’ at work.26 Despite her requests to stop his behaviour, he refused. (x) Effects of abuse on her as a child 40 The applicant changed her appearance by wearing baggy clothes, and other clothes that would hide her body. This contrasted with her previous way of dressing. 41 She felt ‘very dark, very lonely and … kept to herself’.27 She routinely let her personal hygiene become poor. 42 Overall, she felt ‘very dark, very lonely’28 and kept to herself. She lost her friendship group at school and ‘just wanted to be by myself. If I was by myself no- one could hurt me’. 43 She would experience flashbacks, especially having difficulty re-entering the family bathroom where the abuse took place. 25 T46. 26 T47. 27 T36. 28 T36. -- 12 of 30 -- [2026] SADC 88 11 44 Due to the abuse, the flashbacks and the general effects already described, her schoolwork deteriorated. In Year 10 she was no longer in the A stream of her schooling as she previously had been. I note the inconsistency of this evidence with the general evidence she gave that she was a ‘C’ student. I have taken the reference to ‘C’ student to be an appraisal on where she ended up after Year 10. (xi) Relationships with her parents 45 In the following two years after the abuse, the relationship with her mother became very bad. Her mother was always asking her ‘what’s wrong with you?’.29 She could not answer the question concerning the abuse because she did not think her mother would believe her. 46 The relationship with her father was still ‘pretty good’30 but after her sister fell pregnant the applicant felt she was ‘pushed back a bit’.31 She never felt close to her brother due to the bigger age gap between them. (xii) Attempted complaint to her mother 47 There was one exception to the lack of complaint until 2022. A couple of years after the abuse, she tried to tell her mother. Unfortunately, her mother reacted by telling her to be quiet when she began to disclose the abuse. When she asked her mother to be quiet, she was slapped and admonished by her for telling her to be quiet. The result of her mother’s behaviour was that she felt ‘like everyone was against me’.32 48 She considered telling her husband later but was ‘really scared of losing him’.33 49 There were other occasions she felt like telling people about the abuse but did not want to cause trouble. This was on the basis that she did not think she would be believed as she thought she was the only victim of his behaviour. The reaction of her family concerning her sister’s pregnancy as a young child of 13 was relevant to the applicant on this issue. She believed as no-one questioned that pregnancy, she just ‘shut down again’ and did not attempt to make a disclosure.34 I took this to mean that this was a further factor in failing to believe anything would be done about any abuse she disclosed. (xiii) Relationship with other people in general 50 As alluded to earlier, the applicant kept to herself as a child, and as she matured, she was distrustful of others. Even now, she prefers her life to be just concerning her husband and children. Her reasoning was, ‘because if it is just us, 29 T41. 30 T54. 31 T42. 32 T34. 33 T35. 34 T36. -- 13 of 30 -- [2026] SADC 88 12 no-one is hurting me or them and that’s the most important thing. I just don’t like letting people in.’35 (xiv) The applicant’s admitted promiscuous sexual behaviour as a teenager 51 The applicant gave evidence that at age 15, she would sneak out of home after her parents had gone to bed, to meet up with a group of friends that were older. This would often lead to sexual encounters which she would voluntarily have on the basis she explained in oral evidence as follows:36 A. Because it was the only time I was in control. It was the only time I had control of my body, the only time I had control of what was going on in my head. I had control, no-one else could control that. Q. So what effect did that have on your mood state at the time. A. It really started to affect how I was thinking of myself. I started to feel as if my self- worth wasn't worth anything, so I didn't think I was worth anything. I would just, just do it. It was the only power that I had. 52 I have treated this evidence, together with her admitted deliberate appearance and state of hygiene, as powerful evidence of the existence of her lack of self- worth due to the abuse. (xv) Effect of respondent’s abuse upon the applicant’s career aspirations 53 The applicant gave evidence that she had a lifelong aspiration to be a police officer from a young age. This began in her childhood in England. Later, due to her studies suffering as a result of the sexual abuse, she believed that she would not be eligible to pursue that career. In addition, she believed that ‘if I couldn’t tell anybody my truths, how in the hell could I expect anybody else to believe my truth? I just – I hated myself because I could not better myself. I wanted to, but I just couldn’t, I just couldn’t get out of my head’.37 54 She attempted to qualify for SA Police as a young adult and spent 10 days at the admissions course at Fort Largs Police Academy. However, her mindset, as set out above, prevented her from attempting to complete that course. 55 Even at her age of 57 at the time of giving evidence, she still expressed her real wish to be a police officer as that is ‘all I’ve ever wanted to be’.38 I note her current employment for a law enforcement agency in another jurisdiction in Australia. Her role within that agency is in a capacity that is not as a serving officer, but providing administrative assistance. This occupation is consistent with her evidence of a life-long desire to be a police officer. It is also consistent with the 35 T42. 36 T48.26-36. 37 T49. 38 T50. -- 14 of 30 -- [2026] SADC 88 13 expert evidence I received from Dr Jules Begg about being unable to fulfil her true ambition due to the abuse. (xvi) History of employment 56 The applicant’s detailed employment history is outlined in her affidavit dated 7 March 2025.39 This shows a work history that is commendable if her difficulties, as she expressed in evidence concerning the effects of the respondent’s actions and behaviour on her, are accepted to be true. 57 It certainly cannot be suggested, on the evidence, that she has failed to apply herself to the workforce despite her difficulties. I find that she has made a significant contribution to the community through her various occupations, most often providing service to others. Despite her feelings to the contrary, she is entitled to be proud of her career. 58 Her career was not active from 1987 to 2000 as she ‘wanted to focus on caring for my children. I did not trust anyone to look after them and constantly feared for their well-being’.40 (xvii) Current studies 59 The applicant is seeking to complete a Diploma in Counselling but due to work pressures and this court case it has caused her to pause, but not abandon, that course. (xviii) Current relationship with parents and her siblings 60 The applicant’s relationship with her mother has always been ‘complex’.41 She decided in the end, given their history, it was ‘easier for me and it’s easier for my kids if we just walked away. It was less pain, less hurt’.42 She did just that in 1996 during her pregnancy with her youngest child. It was, effectively, the end of her relationship with her father as well. 61 Since that time, she has had no relationship with her mother. I do note text messages of a formal nature between them in 2023 concerning the abuse support the lack of a relationship with her mother. 43 The end of the relationship with her father, other than ‘the odd text message’ still is a great source of pain for her. 44 62 The applicant’s relationship with her sister and brother in adulthood has been non-existent as well.45 39 FDN 11, Exhibit A5. 40 Exhibit A5. 41 T51. 42 T52. 43 Exhibit A3, pp1-5. 44 T52. 45 T52-53. -- 15 of 30 -- [2026] SADC 88 14 (xix) The applicant’s relationship with her children 63 The applicant has four children, namely K (son) born in 1988, J (son) born in 1989, both from an earlier relationship, and S (daughter) born in 1994 and B (son) born in 1996. S and B’s father is the applicant’s husband. 64 Her relationship with K is now non-existent. After her relationship with K’s father ended, K blamed the applicant and lived with his father before relocating to live with her parents when he was about 13.46 In supplementing her affidavit evidence about her children,47 she described her relationship with her three other children as ‘fantastic … we are very close’.48 65 She tended to be overprotective of her children, denying them opportunities to go to sleepovers and always supervising their play. She reasoned that her protective behaviour with them was a reaction to what the respondent did to her and the failure to be properly supervised by her parents. She ruminates that if her family had not come to Australia, the abuse would not have happened.49 (xx) Long term psychological symptoms 66 The applicant experiences self-doubt, self-worth issues and gets very sad which leads to her ‘shutting … down’.50 She described the following ‘triggers’ for this state of mind, namely: • cigarette smoke due to the fact the respondent would give out cigarettes; • long beards, like his facial hair; • a beer belly; and • the town in which she grew up, especially her inability to drive past her parents’ house, during the time she still lived there. 67 She still experiences flashbacks to the abusive behaviour of the respondent which can lead to a forced day off work, excessive eating and drinking alcohol, in particular wine, to ‘black it out’.51 68 Unfortunately, her consumption of alcohol on this basis is at least twice a week. She is trying to control this with the aid of counselling as well as being counselled for the primary issue of the abuse. 46 T53. 47 FDN 35, Exhibit A6 at [100]-[118]. 48 T54. 49 See also applicant’s Affidavit– FDN 35 – Exhibit A6. 50 T54. 51 T56. -- 16 of 30 -- [2026] SADC 88 15 69 The applicant has received extensive counselling since assisting SA Police by giving a detailed statement in 2022. 70 Sexual assault counselling began in March 2023. This has involved numerous sessions up to the date of giving evidence.52 71 The counselling dealt with her feeling of shame of the abuse, particularly:53 The shame that I let it happen and that I didn't speak up and then once it came out that it wasn't just me, that it was so many others as well, the guilt that I didn't stand up and say that, what had been happening because it may be if I had stood up and said more, it mightn't happen to my sister or all of the ones that came after me, it may not have happened to them. 72 Despite the sentencing remarks of Judge Soulio specifically dealing with that issue where his Honour directly announced the blame was totally with the respondent and not on her, she still felt that:54 A. …because I was the oldest one at the time that I knew of and if I had spoken up it may not have happened to my sister and I feel real guilt for that that I couldn't protect her. XN Q. When you say 'feel real guilt' I take it that's an ongoing symptom. A. Yeah, I still feel that, I should have been able to protect - she was my baby sister - I should have been able to protect her but I didn't. 73 The applicant has been experiencing sleep difficulties and mood concerns with the recurring dream ‘about being chased on a really narrow, windy road and getting the feeling of dropping off the edge and not being able to be in control of it’.55 74 This recurring dream started after her disclosure to SA Police in 2022. It is ‘the same dream week in week out’.56 75 The counselling also focused on her lack of trust in others57 and her difficulty to discuss her true feelings.58 76 The applicant also referred to the parenting she received, particularly from her mother. This was relevant to her inability to disclose the abuse and at the reaction of her trying to be tougher than ‘what I actually was’.59 52 T58; 27 in total. 53 T58.23-29. 54 T58.35-59.6. 55 T62. 56 T62. 57 T63. 58 T63. 59 T64. -- 17 of 30 -- [2026] SADC 88 16 77 In contrast, her relationship with her husband, who she knew from school, is extremely positive. It is ‘the best relationship I have ever had’.60 The relationship began when she was a young adult of 22 or 23. She was terrified that he may leave her if she disclosed the abuse. She did make disclosure to him at the time immediately after SA Police contacted her on 8 September 2022.61 (xxi) Economic loss 78 The applicant does not seek to have an award of damages for economic loss.62 (xxii) Employment history 79 I have received evidence of the applicant’s employment history.63 This essentially shows she has worked significant periods on a full time basis since 2006.64 I note that she has had to have a break from employment due to psychological symptoms, the first being approximately three months and the second post-8 September 2022 of about six to eight weeks. Expert evidence Dr Begg 80 I received two reports from Dr Jules Begg, forensic psychiatrist.65 Dr Begg acknowledged the applicant’s affidavit of 26 September 202566 as being consistent with the history taken from her on his examination. 81 Dr Begg met with the applicant on 13 November 2024 upon request of her solicitors. 82 Dr Begg has set out his qualifications as a psychiatrist. I note briefly the following aspects of this segment of his evidence, namely he: • graduated from the University of Adelaide with a medical degree in 1985. • is a Fellow of the Royal Australian and New Zealand College of Psychiatrists. • is a Member of the Australian Medical Association (AMA). • is a Member of the Australian and New Zealand Association of Psychiatry, Psychology and Law (ANZAPPL). 60 T64. 61 T64-65. 62 T65.11-12. 63 Exhibit A5 – Applicant’s Affidavit. 64 T67. 65 Exhibit A7 report dated 19 November 2024 and Exhibit A8 report dated 27 February 2025. 66 Exhibit A6. -- 18 of 30 -- [2026] SADC 88 17 • works full time in private practice in adult general psychiatry. • has prepared numerous reports for various Courts within the Courts Administration Authority and for the Federal Court concerning the Family Law jurisdiction. 83 Having outlined the assumed facts given to him about the applicant, which was consistent with her evidence, he diagnosed her with chronic depression due to the trauma of the abuse (my emphasis). He also allows for her relationship with her mother as a small contributory factor. He apportioned those two factors as follows, namely 80% due to the abuse and 20% concerning her mother. I do note the relationship with her mother deteriorated after the abuse in the circumstances I have already outlined. She was, on her evidence, constantly plagued by the inability to disclose the abuse. 84 At page 5 of his report dated 19 November 2024,67 Dr Begg reported the following on key aspects of her mental health, namely: 5 Your opinion as to the level of incapacity that our client currently suffers as a result of her psychiatric condition, the nature of such disability and your prognosis. Her depression results in a vulnerability in her identity such that her confidence to be independent, and to engage in deep conversations with friends is reduced. She is apprehensive about how people think about her. She tends to negative thinking. She can appreciate that she has some good support around her, including her husband, and the nature of her work. She has the capacity to enjoy her life, but she will always have a sense of incompleteness due to the deficits within her experience of herself. 6 Your opinion as to whether our client requires further treatment and, if so, the nature and duration of the recommended treatment and the anticipated costs thereof. She would benefit from 20 sessions of psychological therapy focused on issues of trust and identity in the context of depressive cognitions. The Australian Psychological Association recommended rate for Clinical Psychology in 2023 – 2024 is $300 for a 40-60 minute psychology session. 7 Your opinion as to whether your diagnosis may have had or may have an impact on our client’s past and future earning capacity including the impact on her education and limitations on the types and durations of any employment she may have obtained or may obtain. It is probable that the stress caused by the abuse was a factor in her leaving school and not progressing in her studies. She did not see herself as worthwhile or deserving of success. She now has the capacity to undertake studies. 67 Exhibit A7. -- 19 of 30 -- [2026] SADC 88 18 8 Any impact that our client’s condition has had and will have on her social life including her relationship with her family and any potential she has to form friendships and intimate relationships. She is avoiding contact with her birth family. She has been able to maintain her relationship with her husband. She can relate to her children. She will probably always be somewhat guarded about how much she shares with her family because of the underlying trust issues. Whilst the successful prosecution of the perpetrator has been of assistance, as she experiences herself as believed, the underlying structure of her personality is such that she does not expect to be believed, so she does not put herself in positions of vulnerability. Supplementary report of 27 February 2025 – Exhibit A8 85 For simplicity’s sake I note the following about Dr Begg’s supplementary report, namely: • The assumed facts relied on in this report are wholly consistent with the evidence of the applicant. • This report dealt with primarily the effect of the abuse regarding her desired career in the police force and the effects of the abuse on her work career in general. 86 For further simplicity’s sake I will set out the propositions Dr Begg was asked to consider and his answers to them in this report, namely: 1 In your expert opinion, but for the abuse, would our client have been psychologically capable of a career in the police force and/or armed services? She had the motivation and intellect to be a police officer or join the armed services. I believe she would have pursued this career but for the abuse. 2 Your opinion on what has been the effect of the abuse on our client’s ability to obtain a role in her anticipated field? As a result of the abuse, she avoided working for many years. It is only in recent years that she has had regular employment, which she now enjoys, and does competently. If she had not been abused, I believe she would have become a police officer or joined the armed services. 3 Your opinion on what has been the general effect of the abuse on our client? An isolated lifestyle was described, and she used her fears for the well-being of her children, as a justification (as well as other justifications) for not engaging fully in the labour market. In a similar way, her engagement in social activities has been reduced. There has been a pervasive lowering of self-esteem. 4 In your expert opinion, has the psychological effects of the abuse had an impact on your (sic) client’s somewhat transitory work history? Her reduced work history is due to the abuse. -- 20 of 30 -- [2026] SADC 88 19 5 Will the psychological effects of the abuse continue to have an impact on our client’s ability to progress her career? Why/why not? She is pleased with her current position, but due to the abuse, she is inherently unconfident in her abilities to pursue a career. She will likely stay in her current position. 6 Your opinion as to the prognosis for our client. There has been a small improvement, as shown by more regular employment over recent years. The basic lowering of her confidence and poor identity problems, including her experience of herself as being an “incomplete” person (as a result of the abuse) are persisting, and will act as a limiting factor with regard to pursuing further life opportunities. Dr Begg’s oral evidence 87 Dr Begg was called by the applicant for oral evidence which briefly expanded on opinions and issues raised in his reports. Chronic depression 88 He elaborated on his diagnosis to explain that he classified her as having a ‘persistent depressive disorder; there was also an element or an aspect that would be described as an avoidant personality disorder which encapsulates the manner in which the trauma that [the applicant] experienced as a younger child has affected not only her moods over the years, which is the persistent depression, but also her sense of identity or her sense of self …’.68 89 Dr Begg’s evidence was that it was ‘probably helpful to consider those two diagnoses to give a fuller picture of how [the applicant] has developed as an adult’.69 90 He elaborated on the significance of the younger age of an abuse victim becoming associated with a worsening of a disorder.70 Further, the familial connection which usually associates a child recognising the familial abuser as a ‘safe’ person in their life ‘causes a massive disruption in the concept of safety’.71 The effect of this is that ‘from a child’s perspective … if safety means that you can abuse, then nothing is safe and so the child develops into an adult that doesn’t have a strong internal experience of being safe as a child and so as an adult, if you have never known safety, then it only, as an adult, becomes an intellectual experience rather than a deeply felt inward aspect of identity which is the great tragedy’.72 His opinion was the situation affects relationships, satisfaction of work and trust of authority figures. 68 T82. 69 T82. 70 T83. 71 T84. 72 T84. -- 21 of 30 -- [2026] SADC 88 20 91 When asked about her desire to counsel others, in particular child trauma victims, he believed the prospects of doing that successfully for the applicant would increase if she got professional independent mental health support.73 92 The respondent did not cross examine Dr Begg. The applicant’s husband’s evidence 93 The applicant’s husband gave evidence concerning his life with the applicant. His affidavit evidence was supplemented by oral evidence. 94 He confirmed that they were married in 1996. At the time of the trial, they had been in a relationship for 35 years. During the marriage he noticed that she was ‘reluctant to socialise’.74 She was also, by his standards, ‘too protective’ of the children.75 He regarded her as a ‘very quiet person’.76 Disclosure of abuse 95 The applicant’s husband outlined the revelation to him of the abuse caused her great emotional turmoil. He described it as follows:77 … when she came from work, she broke down and told me about the abuse. I recall she was a mess whilst she was telling me about the abuse she suffered at the hands of her uncle. I recall [the applicant] had a few weeks off work after telling me. She was very emotional and exhausted for the next few weeks. 96 Since finding out about the abuse, he has a better understanding of her to help her with the psychological problems she suffers. He mentioned her habit of locking doors, being anxious about her security and safety, together with difficulties with enjoyment of her work up to her last employment. Since they have moved out of South Australia, he has noticed a gradual positive change in her behaviour. 97 He gave brief oral evidence confirming he had a successful career. He and the applicant continue to live and work interstate which he predicted will be where they remain. 98 I accept his evidence as truthful and accurate and not subject to any embellishment. He was not cross-examined by the respondent. Finally, he deposed to her difficulty of preparing a victim impact statement for the sentencing submissions before his Honour Judge Soulio and commented on the applicant’s guilt of not complaining earlier as it may have helped other victims. He believes this guilt, which I again emphasise is misplaced, has been with her and held her back in terms of her relationships and work. 73 T86-87. 74 Exhibit A9 [4]. 75 Exhibit A9 [5]. 76 Exhibit A9 [6]. 77 Exhibit A9 [7]. -- 22 of 30 -- [2026] SADC 88 21 99 His assessment of his wife is consistent with the expert evidence of Dr Begg and I accept it. Assessment of the applicant 100 I found the applicant to be an honest and accurate witness. The following comments are made in the context of the default judgment in her favour. 101 Due to the historical nature of the abuse, she could be forgiven for any inaccuracies. I also accept that the later revelation of details of the abuse in the car when she was driven to work by the respondent involved multiple touchings of her thighs and legs in general, are not exaggerated claims but an accurate and credible expansion of the full extent of her memory of his sexual misbehaviour in that situation. 102 Further, I accept her evidence that the attempted fellatio in the ‘hide and seek’ incident did occur and is not a fabrication. 103 I accept and find that the abuse significantly changed her life from the moment it began and still has a profound effect on her as at the time of trial. She also had to endure periods of her life after the abuse when she lived in the same regional township as the respondent. This caused her acute anxiety whenever he was in close proximity, such as family events.78 104 In other words, I am satisfied that the abuse changed her mental health and personality from a happy, active, and bright young girl to become ‘angry, gloomy and sullen, with constant feelings of dread’.79 105 I find that she deliberately became a teenage girl who chose to neglect her personal hygiene, and avoid people. As described by Dr Begg, she lost her sense of safety, as he described. 106 I also find she lost trust in others and the ability to maintain many relationships of all types. The exception to this is her husband who has supported her through her issues as she described in her evidence. 107 With respect to the effect the abuse had on her as an adult, particularly as a mother and wife, I accept all her statements in affidavit form and her oral evidence explaining those struggles. Further, I accept the summary in her counsel’s written submissions on the evidence as set out in paragraphs 23 and 24, which I reproduce below: 23 During later years, the Applicant continued to experience flashbacks and depression. She went through periods of sexual promiscuity. She exposed herself to abusive men and had difficulty avoiding such abuse. She has tended to hide her feelings. Her relationship with her family is permanent (sic) strained, to the point of being non- existent. After having children, the Applicant found herself overly protective 78 As explained in Exhibit A6. 79 Applicant’s written submissions [22] referring to her affidavit evidence. -- 23 of 30 -- [2026] SADC 88 22 towards her children and excessively worried about security. She has struggled at work and has not found the motivation or ability to pursue her dream career.80 24 The Applicant’s evidence is corroborated by the evidence of her husband, [GO], who deposes that, throughout the time he has known her, his wife has been reluctant to socialise, that she was over-protective towards her children, and that the relationship with her family has broken down. She is often depressed and emotional. Her work career had been unstable and transitory, and she had always wanted to be a police offer (sic), and mentioned the aspiration often, but felt unable to achieve it. (footnotes omitted) 108 I accept her evidence is supported by the expert evidence of Dr Begg who has diagnosed her as suffering chronic depression secondary to trauma. I accept the evidence that the abuse by the respondent was a factor in her being unable to complete school, progress with her studies as far as she could have and in general doubt her own ability in many areas of life, in particular her work. This is supported by Dr Begg’s evidence. The relationship with her mother became a major issue in her life after the attempted disclosure failed. I find it is a related issue to the conduct of the respondent on her rather than a separate issue. 109 In summary, I find that the effect of the respondent’s actions of abuse is ‘significant’ but not at the extreme range.81 This is consistent with the applicant’s submission on this topic. Assessment of damages 110 The applicant seeks damages under the following categories, namely: • Non-economic/non-pecuniary loss; • Aggravated damages; and • Interest.82 111 By reference to her Statement of Claim, these damages are sought as trespass to the person. Non-economic/non-pecuniary loss 112 I accept, as submitted by the applicant, that she is entitled to general damages for pain and suffering, loss of enjoyment of life and loss of amenity of life. Her entire evidence before me supports that finding well above the balance of probabilities. 113 I refer to the detailed written submissions of the applicant on this topic referring to general principles of damages in that they ‘must be fair and reasonable 80 I have already commented that despite her self-assessment about her career, I believe it is one of value to her family and the community. I repeat she is entitled to be proud of it. 81 See Applicant’s written submissions [29.2]. 82 See Applicant’s written submissions [6]. -- 24 of 30 -- [2026] SADC 88 23 compensation for the injuries received and the disabilities caused’.83 I also refer and have regard to the summaries of cases from other Australian jurisdictions as well as from this Court and the Supreme Court in particular Costello AAJ in B P v K R & Anor.84 114 Mr Blyth, in referring to those authorities, submitted that there are two important matters that emerge, namely: 1. ‘The general trend of awards for non-pecuniary loss is an increasing compensation.’85 2. ‘The clear intention of various legislatures around the country, including here in South Australia, to make it easier for victims of child sexual abuse to seek compensation …’.86 South Australian authorities 115 Mr Blyth made supplementary oral submissions concerning the South Australian judgments, one of which is from this Court from Schammer DCJ which he sought to distinguish, and the second being Costello AAJ in B P v K R and Anor which he submitted I should find was closely aligned to the applicant’s claim.87 S, M v S, RK [2019] SADC 184 – Judgment of Schammer DCJ 116 In this case the applicant before her Honour was the adopted daughter of the respondent who committed sustained sexual abuse, rape and assault from the ages of three to 18. 117 The applicant claimed PTSD, major distress, depressive disorder, sexual dysphoria and anxiety which culminated in addiction and body weight issues. 118 Mr Blyth submitted that unlike the case before me, her Honour was hampered by the evidence presented to her and pleaded before her together with sexual abuse by another relative in 2015. Further, the applicant did not give evidence before the Court in that case. Therefore, her Honour was unable to assess the credibility and reliability of the applicant’s evidence. 119 Finally, in that case, the evidence also incorporated non-compensable issues, in contrast to this case. 120 I accept these distinctions are valid. Therefore, in the circumstances, I am not considering this claim by the applicant in the same way her Honour was constrained to do so for S, M. 83 Skelton v Collins (1966) 115 CLR 94 at 96 per Kitto J. 84 See Applicant’s written submissions [19.1]-[19.6]. 85 T99. 86 T100. 87 T100-103. -- 25 of 30 -- [2026] SADC 88 24 B P v K R & Anor – Costello AAJ 121 Mr Blyth submitted that this case was of great assistance as the:88 facts bear some striking similarity to the present case. Leave aside the abuse and I would concede that this case involved perhaps a more persistent and serious course of abuse, nevertheless, the impact, which is what is centrally important, was broadly similar. Over the course of about 20 or 30 years as an adult, the applicant had struggled with relationships, struggled to form friendships, struggled with intimacy, experienced anxiety but nonetheless managed to work and have a reasonably impressive work history. 122 He submitted the applicant in that case was hard-working like his client despite the effects of the abuse being long-lasting and causing PTSD, depression that continued to occur. Further, he submitted that the difficulties with nightmares, flashbacks and sleeping were comparable together with trust, friendship and relationship issues. 123 Mr Blyth urged me to adopt the detailed analysis made of decisions considered by Costello AAJ as being relevant and supportive of the propositions as follows, namely: lives of people that are victims of such abuse are ‘forever irreparably damaged’89 and secondly, ‘the ultimate measure being the devastating effect on the plaintiff rather than merely gravity of the assaults themselves’.90 124 I accept the submissions by Mr Blyth and find this case is highly relevant for the applicant in both the applicable law and comparable facts. Injury and loss 125 I find the applicant has suffered injury and loss and is eligible to be awarded damages because of that injury and loss. Aggravated damages 126 As put by Costello AAJ: Aggravated damages are compensatory in nature, being awarded for injury to a plaintiff’s feelings caused by assault, humiliation and the like. 127 His Honour then referred to New South Wales v Riley91 quoting with emphasis from that case: In cases of hurt feelings caused by ordinary wrong-doing, of a kind consistent with ordinary human fallibility, the court must assess damages for hurt damages neutrally, and aim towards the centre of the wide range of damages that might conceivably be justified. However, in cases of hurt to feelings caused by wrong-doing that goes beyond ordinary human fallibility, serious misconduct by the defendant has given rise to a situation where it is difficult to quantify appropriate damages and thus where the court should be astute to 88 T103. 89 Applicant’s written submissions [19.6]. 90 Ibid. 91 [2003] NSWCA 208. -- 26 of 30 -- [2026] SADC 88 25 avoid the risk of under-compensating the plaintiff, so the court is justified in aiming towards the upper limit of the wide range of damages which might conceivably be justified. 128 Costello AAJ also referred to the case of Cassell & Co Ltd v Broome92 and the guidance of Lord Reid: Damages for any tort are or ought to be fixed at a sum which will compensate the plaintiff, so far as money can do it, for all the injury which he has suffered. Where the injury is material and has been ascertained it is generally possible to assess damages with some precision. But that is not so where he has been caused mental distress or when his reputation has been attacked - where, to use the traditional phrase, he has been held up to hatred, ridicule or contempt. Not only is it impossible to ascertain how far other people's minds have been affected, it is almost impossible to equate the damage to a sum of money. Any one person trying to fix a sum as compensation will probably find in his mind a wide bracket within which any sum could be regarded by him as not unreasonable - and different people will come to different conclusions. So in the end there will probably be a wide gap between the sum which on an objective view could be regarded as the least and the sum which could be regarded as the most to which the plaintiff is entitled as compensation. It has long been recognised that in determining what sum within that bracket should be awarded, a jury, or other tribunal, is entitled to have regard to the conduct of the defendant. He may have behaved in a high-handed, malicious, insulting or oppressive manner in committing the tort or he or his counsel may at the trial have aggravated the injury by what they there said. That would justify going to the top of the bracket and awarding as damages the largest sum that could fairly be regarded as compensation. This means that, if a court has awarded damages for hurt feelings as part of ordinary compensatory damages, the award of aggravated damages must only be for the difference justified by this approach, that is, an award of so much as is necessary to bring the damages up to the upper end of the available range. The approach also means, I think, that aggravated damages can be a matter of degree: the worse the defendant’s conduct, the further from the centre of the range and towards the upper limit of the range the court may be justified in going. (my emphasis)93 129 In addition to those matters emphasised above, the respondent’s conduct in this case has been only to think of himself and his wife and the consequences that may follow this judgment. He has remained silent, other than insulting the applicant in Court. These matters point towards an award of damages at the higher end of the range. 130 I do acknowledge the respondent pleaded guilty to the offending abuse against the applicant, thereby sparing her giving evidence in the criminal court. The applicant supplied a victim impact statement for the sentencing submissions of the respondent. That was an extremely draining and traumatic experience. 131 I also gave him ample opportunity to seek legal advice pre-trial but do acknowledge that it would be difficult in his situation to gain representation. I also 92 [1972] AC 1027 at 1085. 93 Emphasis made by Costello AAJ. -- 27 of 30 -- [2026] SADC 88 26 acknowledge his willingness to accept a caveat on the title of his home on the basis his wife still lives there until her death.94 Interest 132 I refer again to Costello AAJ’s judgment and his remarks on this issue.95 I adopt his Honour’s reasoning. This is consistent with the method of calculating interest under the District Court Act 1991.96 133 Mr Blyth, in his written submissions, accepts that the Uniform Civil Rules describe a rate of 7 per cent97 but that the rate of 4 per cent has been commonly applied by courts, in cases of historical claims, including Costello AAJ. Mr Blyth submitted that at the rate of 4 per cent, noting the abuse occurred from 1978 to 1985, that an award of $250,000 would be in theory applicable.98 134 However, he conceded due to the historical facts, a reduction of 50% is appropriate, thus submitting $125,000 as the appropriate lump sum allowance. Special damages 135 Special damages have not been claimed as indicated might happen in the applicant’s affidavit of 7 March 2025.99 136 I therefore turn to the assessment of her claim and the award of damages. Relevant issues concerning an award of damages (i) Has the applicant’s mental state of chronic depression secondary to trauma been caused by the respondent’s intentional tort? 137 I have carefully taken into account all matters put on behalf of the applicant and all the evidence presented by her, including that of her husband, and Dr Begg. 138 I agree with the submission that the evidence clearly shows that the effect of the abuse upon her has been significant and will continue to be significant for the rest of her life. 139 The breach of trust by the respondent was enormous. The significant consequential effects on her included breakdown of family relationships and her ability to deal with other relationships. Although she has persisted with working hard for significant periods of time carrying the effects of the abuse, it has also 94 Respondent’s written submissions sent at end of evidence and applicant’s submissions – FDN 40. 95 [2025] SASC 58 at [127]-[132]. 96 Section 39. 97 Rule 182.3(2)(a). 98 In submissions via email dated 9 October 2025, the applicant’s solicitors corrected a previous submission on this topic, now accepting that the past non-pecuniary loss of $250,000 was the correct basis for this issue, rather than $400,000 as previously specified. 99 Exhibit A5. -- 28 of 30 -- [2026] SADC 88 27 resulted at times, as she has set out, of time out of the workforce. I note again she is not claiming economic loss. 140 I have already gone into detail about her self-confidence and career aspirations being significantly hampered due to the respondent’s actions of abuse on her. 141 I also accept that, as submitted by Mr Blyth, when childhood sexual abuse is the basis for an award of damages, the Courts in general have shown an increasing trend to award larger damages than in the past. 142 Having considered all the evidence, the submissions made on the applicant’s behalf and the cases discussed into account, I award the sum of $365,000 being $215,000 for past non-economic loss and $150,000 for future non-economic loss. (ii) Is the applicant entitled to aggravated damages? 143 I now turn to the head of claim of aggravated damages. I have already outlined the factors involved in this and in the end believe it is appropriate to award a sum under this head of claim. I accept, despite the limitations on the respondent and his plea of guilty to the abuse upon her, the applicant has been forced to relive it in outlining her case before me by personally giving evidence, both through affidavit and in Court. 144 On the basis of the authorities already discussed, I award the sum of $36,500 for aggravated damages. (iii) Is the applicant entitled to interest? 145 I now finally turn to the question of interest claim. I again refer to the authorities and the oral submissions in support of those authorities by Ms Taylor,100 junior counsel for the applicant, supplementing the written submissions seeking $125,000. It was submitted $125,000 is a fair acknowledgement of ‘the practical considerations, including the balance of mathematical entitlement and the historic nature of the claim and ensures the award is proportionate whilst preserving the essential compensatory function of the interest.’ 146 In light of these submissions and the authorities referred to, I award interest in the sum of $112,500. Orders 147 The applicant is to be awarded damages as follows: Non-Economic/Non-Pecuniary loss: Past non-economic/non-pecuniary loss: $215,000 100 T106-107. -- 29 of 30 -- [2026] SADC 88 28 Future non-economic/non-pecuniary loss: $150,000 Aggravated Damages: $36,500 Interest on past non-economic/non-pecuniary loss: $112,500 Total $514,000 148 I will hear the parties on the question of costs. -- 30 of 30 --