| Kovalenko (a pseudonym) v Garay (No 2) [2025] ACTSC 559 (Link to JADE). |
This decision dates back to December 2025 but only appears to have been published online recently.
The plaintiff, Artem Kovalenko (a pseudonym), alleged that he was sexually, physically and emotionally abused by the defendant John Paul Garay between about 1979 and 1988, when the plaintiff was between 6 years old and 15 years old. Throughout this time, the defendant was an adult and close friend of the plaintiff’s family, in particular the plaintiff’s uncle, who went to school with the defendant.
The defendant was charged with and convicted of some offences.
The plaintiff brought civil proceedings against the defendant seeking damages for personal injury in relation to deliberate torts (assault, trespass and battery) and negligence.
The court held that the defendant committed the torts of battery and assault and that the defendant’s acts caused the plaintiff psychiatric harm. A verdict for the plaintiff was entered, in the sum of $704,836. The damages included a claim for aggravated damages in the sum of $30,000.
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