Munting v Pollard [2024] TASSC 30: Abuse Damages Award

In the recent matter of Munting v Pollard & Anor [2024] TASSC 30, the plaintiff, Ms Katrina Munting, brought proceedings against the two defendants (the State of Tasmania and Mr Marcus Pollard) in relation to childhood abuse suffered by the plaintiff whilst she was a student at Rose Bay High School by a science teacher, Mr Marcus Pollard, in the late 1990s.  

The perpetrator teacher, Mr Marcus Pollard, though whilst he was initially represented, he did not take place in the trial which proceeded against him and against the State of Tasmania. Marcus Pollard did file a defence. Marcus Pollard was jailed for 18 months in 2020 for historic child sexual abuse that occurred when the plaintiff was 15 years of age. 

The State of Tasmania accepted that it was vicariously liable for Marcus Pollard’s tortious conduct as an employee (provided at [4]). The State of Tasmania had filed a notice of contribution on Marcus Pollard, under which it was largely successful. 

During the trial hearing, the Tasmanian Supreme Court heard how the plaintiff, a “brilliant young female scientist”, was forced to decline a Ph.D. offer at the University of Tasmania due to Pollard’s employment at the institution. 

Significant awards were made against Pollard and the State of Tasmania, with the Victorian Supreme Court awarding damages, in summary, as follows:  

Pain and suffering, and aggravated damages – $275,000 

Interest on Pain and suffering, and aggravated damages – $34,375 

Aggravated damages against the State of Tasmania – $15,000 

Exemplary damages against Marcus Pollard – $25,000 

Loss of earning capacity (past and future) – $1,379,600 

Loss of superannuation (past and future) – $165,550 

Interest on past aspect of loss of earning capacity – $162,000 

Past medical expenses – $24,370 

Future medical expenses – $28,000 

Griffiths v Kerkemeyer damages (past and future) – $60,700 

Totalling – $2,169,595.00.  

Ultimately, on 17 June 2024, the Tasmanian Supreme Court ordered as follows:  

  1. Judgment be entered for the plaintiff against the first defendant, Mr Marcus Pollard, and the third defendant, the State of Tasmania, in the sum of $2,129,595. 
  2. Judgment be entered for the plaintiff against the first defendant in the sum of $25,000. 
  3. Judgment be entered for the plaintiff against the third defendant in the sum of $15,000. 
  4. The third defendant be fully indemnified by the first defendant in respect of the judgment the subject of order (1). 
  5. The claims made for contribution in the notices of contribution of the first defendant dated 20 September 2022 are dismissed.
On 24 June 2024, acting by way of SCR r 435(a) and with the agreement of the solicitors for the plaintiff and the defendants, the Court varied the amount in order no (1) to the above stated amount from a lower figure. The variation was made after the plaintiff’s solicitors, pursuant to leave the Court had granted to make submissions on such matters, correctly pointed out an omission the Court had made in relation to the calculation of interest on past loss of income. 
 
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.
 
Further Abuse Law information and case law updates can be found on our website.
 
If you have any queries regarding the article, please contact via Free Claim Checker or email us.