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Lonergan, Peter William v The trustees of the Sisters Of Saint Joseph & Bird, Bishop Paul (as the nominated proper defendant in respect of the Catholic Diocese of Ballarat) [2022] VSCA 208

NEGLIGENCE, PRACTICE AND PROCEDURE
Victorian Court of Appeal
Judge(s): 
Beach, Macaulay and Kaye JJA
Parties: 

Lonergan, Peter William v The trustees of the Sisters Of Saint Joseph & Bird, Bishop Paul (as the nominated proper defendant in respect of the Catholic Diocese of Ballarat)

Judgment Date: 
28 September 2022
Catchwords: 

NEGLIGENCE - Damages - Damages for loss of earning capacity - Applicant victim of sexual abuse - Liability admitted by respondents at trial - Award of $390,000 for loss of earning capacity - Expert evidence - Trial judge considered expert evidence and evidence of applicant's geographic location and level of education when making award - Whether trial judge erred in discounting award on bases of applicant's location and level of education - Whether assessment of damages for loss of earning capacity manifestly inadequate - Leave to appeal granted on ground 3 - Appeal dismissed.

PRACTICE AND PROCEDURE - Interest - Application of section 60 of Supreme Court Act 1986 - Damages for historical sexual abuse - Whether interest under s 60 runs from date of accrual of cause of action or date of commencement of proceeding - Interest runs from date of commencement of proceeding.

Citation: