A recent decision was made in the NSW District Court. Wilson SC DCJ found that a person has 3 years from the date of diagnosis of an injury to bring about a claim for damages.
In Wilden v Jennings (no 1) [2021] NSWDC 705, a civil claim was brought by Ms Wilden against her former husband Paramatta Eels NRL star Michael Jennings for four instances of rape during the relationship. The abuse was said to have occurred from approximately October 2014 to May 2016. Ms Jennings under the Limitations Act 1969 (NSW) ordinarily had 3 years from the date of injury with which to bring a civil claim against Mr Jennings; meaning she would have until May 2019 to bring a claim for damages against Mr Jennings.
Dr Roberts prepared a report dated 21 February 2020 which diagnosed Ms Wilden as having a Panic Disorder, Post-Traumatic Stress Disorder, Generalised Anxiety Disorder and Acute Stress Disorder, caused by the sexual abuse suffered from Mr Jennings. The judge found this report and other treating evidence to be credible and determined that as a result of the abuse Ms Wilden had suffered a psychological injury. Mr Jennings submitted, among other arguments, that the limitation period had expired and that the case was not maintainable. Wilson SC DCJ rejected this argument stating that Ms Wilden did not know nor ought to have known that she had a cause of action against Mr Jennings until she was diagnosed with the psychiatric injury in February 2020.
The judge also found that Ms Wilden was unaware that the condition from which she suffered was sufficiently serious as to justify the bringing of a claim. The judge found that the statute of limitations did not start running until she was diagnosed with post-traumatic stress disorder in February 2020. It was found that the claim must be brought within 3 years of the discovery of the injury, giving her a limitation date of 20 February 2023.
Mr Jennings was found to be on the balance of probabilities liable for the psychological injuries suffered by Ms Wilden. Ms Wilden was awarded the following damages:
Summary of Assessment of Damages
| Head of Damages | Amount |
| General Damages | $200,000.00 |
| Interest on General damages | $10,000.00 |
| Aggravated Damages | $50,000.00 |
| Interest on Aggravated Damages | $2,500.00 |
| Exemplary Damages | $75,000.00 |
| Out of Pocket Expenses | $1,341.05 |
| Future Treatment Expenses | $51,250.00 |
| Economic Loss | $100,000.00 |
| Total | $490,091.05 |
Mr Jennings was also ordered to pay the costs of the proceedings.
If you, or anyone you know has been subjected to sexual abuse within a relationship please contact Rufus Thomas-Webb of our Personal Injury Team to see if we may be able to assist. Email rufus.thomas-webb@chamberlains.com.au or call 02 6188 3600. Let us help you with abuse compensation claims.
