Event and Time
Event Description
In January 2020, the plaintiff, WQA, born in 1948, initiated legal proceedings against Archbishop Peter A Comensoli and Trustees of the Christian Brothers, seeking damages for injuries resulting from sexual abuse allegedly suffered from 1959 to 1961. The plaintiff sought damages for past economic loss from January 1964 through October 2015. The case was set for trial on 7 February 2023, but settled, pending a determination on deducting specific social security payments from the settlement amount.
Application and Claims
The plaintiff stated that social security payments received—from 1 July 1997 to 29 October 2015—should not be deducted from the agreed settlement sum. The defendants argued these payments should be considered in calculating damages for past economic loss and thus deducted from the settlement.
Judicial Decisions
On 16 December 2023, the court ruled:
- Social security payments received by the plaintiff during the specified period should not be taken into account for calculating damages.
- The disputed amount representing these social security payments is payable to the plaintiff.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Position:
- Social security payments, while tied to the injuries, should not affect the settlement sum as they are not repayable. - The full settlement amount should be awarded without deductions.
- Defendants' Position:
- Social security payments constitute economic compensation for losses resulting from injuries, warranting a deduction from the settlement to prevent "double-dipping." - The court should align with principles established in previous cases like Manser v Spry, which supports their position.