PENNY is talking to her neighbour, Wendy on the nature strip in front of their properties.
A dispute arises between them when Wendy claims that the nature strip is her property and Penny is not allowed to do any gardening on the strip.
After a heated exchange, Penny inadvertently touches Wendy’s hat, meaning to touch her shoulder, to indicate that the conversation had not ended.
Without warning, Wendy swings a rubber mallet and deliberately strikes Penny on the side of the head.
Penny is taken to hospital and Wendy is later charged by the police with assault occasioning actual bodily harm.
At the sentencing hearing, Wendy pleads guilty and receives a suspended sentence, avoiding imprisonment.
She does however receive a good behaviour order which includes anger and stress management counselling.
Penny and Wendy remain neighbours.
Unsatisfied with the result of the hearing, Penny seeks legal advice and makes a claim in relation to the personal injury she has suffered.
The Court hears that prior to the assault, Penny was an outgoing and confident person, but after the incident, she rarely leaves her house, suffering from a post traumatic stress disorder.
Evidence indicates that Penny has difficulty sleeping due to ongoing pain in her head and neck, which is unlikely to improve in the future.
The Court assesses Penny’s claim for “non-economic loss”, including pain and suffering and loss of amenity of life and awards her $250,000 plus interest.
Penny also claims “aggravated damages” for injury to her feelings, caused by “insult and humiliation”.
The Court finds that after the assault, Wendy “callously” did nothing to assist Penny and did not call for an ambulance, preferring to continue gardening.
The absence of an apology was also relevant to the Court’s decision to award Penny an additional $50,000 by way of aggravated damages.
Penny also receives compensation due to her inability to continue her employment and compensation for past and future medical treatment costs in the sum of an additional $500,000.
This fictional column is not legal advice.
By Manny WOOD, Solicitor
