Brockhurst v Rawlings  QSC 217 (available on the Supreme Court Library) arose from allegations of abuse of a student by his teacher. The claimant had not made a police report.
In issue at the hearing was the nature of the relationship between the teacher and the student (some 25 years earlier) when the student was aged 14 years; and the assessment of damages. Causation of damage was complicated as the plaintiff was displaying behaviours consistent with oppositional defiant disorder beforehand ().
Much of the judgment focused on evidence to determine what had occurred. The Court ultimately held that there was intimate and sexual physical contact, applying the Briginshaw standard ().
The Court assessed quantum and made awards for general damages $65,000 () and interest. Economic loss was awarded by reference to average weekly earnings () with allowances for past and future losses.
Aggravated damages of $35,000 plus interest were awarded, apparently in part because of the conduct of the litigation (). Exemplary damages were awarded in the sum of $15,000, the amount being calculated to avoid double compensation ().
There was a set off in respect of two thirds of a prior payment of compensation by the school.