The Court assessed damages for a child who suffered serious physical and psychological injuries from intentional criminal acts, with the Civil Liability Act 2002 (NSW) excluded by s 3B. The Court confirmed that exemplary damages could not be awarded where the defendants had already received substantial criminal punishment for substantially identical conduct, applying Gray v Motor Accident Commission, notwithstanding that the conduct would otherwise have warranted such an award. General and aggravated damages were assessed as a single sum of $500,000 (plus interest) to avoid double counting, loss of earning capacity was assessed using a buffer approach based on 25-30% of average weekly earnings per Moss, and past and future domestic care was awarded including emotional support care per Pel-Air Aviation v Casey.
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