In the recent matter of APC v Mr B (No 2) [2024] NSWSC 1608, the plaintiff, APC (a pseudonym), brought proceedings against the defendant, Mr B (a pseudonym), for personal injuries proceedings in relation to alleged sexual abuse.
APC pursues damages against Mr B for child sexual abuse which she claims occurred while he was in a de facto relationship with her mother, who he later married and from whom he is now divorced. APC claims that Mr B first groomed her and then repeatedly sexually abused her while she was aged between 9 and 16 years. Further, that his abuse continued even after she had disclosed it to her mother.
APC relies on the evidence of her mother and other lay witnesses, as well as reports of a psychiatrist, Associate Professor Robertson, an accountant, Mr Vincent and an occupational therapist, Ms Williams, to establish her case.
Mr B denies the claimed abuse. His case is that APC’s claims are all fabricated and pursued by her and witnesses whom she called, in a scheme devised by her mother, which began during their earlier family law proceedings, in order to wrongly deprive him of even more of his assets.
There is no issue that APC has been diagnosed to be suffering complex post-traumatic stress disorder, with a comorbid depressive disorder; has never worked; and is unlikely ever to be able to work. But Mr B claims that all of her problems are the result of life choices she has herself made, for which he has no responsibility.
The defence he advanced rested on his own evidence and that which APC and witnesses she called gave in cross examination, as well as the judgment and orders made in favour of APC’s mother in their family law proceedings.
In its consideration, the Court provided as follows [at 18 to 22]:
Even accepting Mr B’s explanations about his decision not to be represented and taking into account the resulting challenges that decision presented for the conduct of his case, I have concluded that APC has met the onus which falls upon her to prove her case. Further, that his case, that APC is pursuing a false claim with the assistance of other witnesses, cannot be accepted, his evidence not being able to be preferred over that of APC or of other witnesses.
I note that APC’s claimed wrongdoing had not been pleaded in Mr B’s defence. It having been confined to the denial of some paragraphs of her statement of claim and the non-admission of others.
Mr B called no evidence to support his allegation that APC and others were involved in her pursuit of false claims that he had abused her. The family law judgment on which he relied certainly provided no basis for that serious allegation.
On all the evidence I will explain I have concluded that Mr B’s denials of the abuse cannot be accepted, inconsistent as they were not only with APC’s evidence, but also with earlier admissions which I am satisfied he has made about his abuse.
The result is that APC must be awarded damages, including for the ongoing consequences of that abuse, which she has also established. The parties must thus now provide proposed final orders, which will permit the damages APC must be awarded to be finally determined.
Ultimately, on 13 December 2024, the New South Wales Supreme Court held judgement for the plaintiff. The parties accepted that they would need to further address the calculation of damages, with final orders in relation to assessment of damages (including exemplary damages) to follow. In relation to costs, the Court ordered as follows at 366:
In this case that is an order that Mr B bear APC’s costs. If there is any disagreement about the appropriate costs order, the parties will have to be heard.
We are specialist abuse lawyers and can help you receive acknowledgement, meaningful apology and financial resolution from those institutions and systems of power that failed to protect you from harm. If you would like advice in relation to a childhood or adult sexual, physical and/or psychological/emotional abuse claim in any jurisdiction in Australia, please reach out to Littles Lawyers today.
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