Watt v Redman [2024] NSWSC 638

In the recent matter of Watt v Redman [2024] NSWSC 638, the plaintiff (Ms Lisa Marie Watt) brought proceedings against the defendant (Mr Gregory Roy Redman) who is the plaintiff’s brother on the basis that, whilst the plaintiff was a child and both the plaintiff and the defendant were living in their family home, the defendant sexually abused the plaintiff for a period of approximately ten years from the end of 1974 to early 1985.

The defendant did not appear at the hearing, and the Court provided at [5] as follows:

…the defendant confirmed what he had previously told the Court about his attitude to the litigation, and he confirmed that he did not wish to attend the hearing or to contest the plaintiff’s claim…

The matter proceeded as an assessment of damages.

The New South Wales Supreme Court (by Garling J) assessed damages at $819,000, calculated as follows:

General Damages – $420,000
Interest on General Damages – $190,000
Aggravated Damages – $50,000 (see below for further information)
Past Loss of Earning Capacity (including interest on same) – $75,000
Past Loss of Superannuation and Long Service Leave – $50,000
Cost of Future Psychological Treatment – $34,000

The Court did not award exemplary damages to the plaintiff as the defendant had been imprisoned in relation to the abuse of the plaintiff, as well as three other siblings.

The Court assessed aggravated damages in the amount of $50,000, and in that regard the Court provided at [59] to [61]:

The plaintiff also claims aggravated damages because of the egregiousness of the defendant’s conduct. It occurred to the plaintiff when she was young and vulnerable, and in her home where she was entitled to feel safe. It lasted for nearly a decade. The defendant’s aggravating conduct by way of his threatening of the plaintiff to prevent her disclosing the abuse and creating a fear of harm within the plaintiff’s mind as a result of years of sexual abuse and coercion, contributed to the plaintiff not reporting the abuse until 2019.

The conduct involved the exercise of coercion without regard to the plaintiff’s inability to consent because of her age, and had the hallmark of a male, older in age than the plaintiff, taking sexual pleasure whenever he wanted as if he had the right so to do. The conduct was callous, and it had a profound, life long effect on the plaintiff.

In my assessment, this is one of those unusual cases where there is a significant cross-over between the facts, matters and circumstances which could justify an award of exemplary damages and aggravated damages. In such cases, it is essential for a Court to take steps to ensure that the sums awarded for both aggravated damages and exemplary damages are moderated to ensure that compensation by way of aggravated damages are not double counted with exemplary damages. A defendant is not to suffer the consequences of his conduct twice.

Ultimately, the New South Wales Supreme Court ordered judgement for the plaintiff against the defendant in the sum of $819,000, and for the defendant to pay the plaintiff’s costs of the proceedings.

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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