Brockhurst v Rawlings
[2021] QSC 217 · Ryan J
When Nicholas Brockhurst was 13 and starting boarding school at Toowoomba Grammar, his English teacher, Meredith Rawlings, began grooming him. The relationship became sexual, and they had intercourse when he was 14. The court described this as a series of batteries because a child of that age cannot consent. Years later, as an adult, Mr Brockhurst sued his former teacher for the personal injury her abuse caused him. The main question at trial was whether the abuse actually happened, because the teacher denied any sexual relationship and claimed it was a fantasy. The judge, having heard from former students and reviewed the teacher's own loving notes and letters, was satisfied the abuse occurred. The court found the abuse caused Mr Brockhurst lasting depression, problems with intimacy and trust, and damage to his education and earning capacity. He was awarded around $1.44 million in damages, which included extra amounts to mark the seriousness of the teacher's conduct.
Incident & injury
Sexual abuse (battery) by teacher of student aged 13-14 over a two-year period including grooming, intimate touching and sexual intercourse
- Body regions
- Psychiatric
- Diagnoses
- Persistent Depressive Disorder, Alcohol Use Disorder (in remission), Pre-existing Oppositional Defiant Disorder
- Incident date
- 1 January 1996
- Location
- Toowoomba Grammar School, Toowoomba
Quick facts
- Date of judgment
- 27 August 2021
- Claim type
- Historical Abuse
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~13 (inferred)
- Occupation
- Student (at time of injury); subsequently various roles including mining/heavy machinery operator Student
- Liability
- Disputed
- Total damages
- $1,443,459
Outcome
Plaintiff succeeded in claim of battery (sexual abuse) against his former teacher. Judgment entered for plaintiff in sum of $1,443,459.06 after set-off of $100,000 from prior settlement with the school. Award included general, aggravated and exemplary damages.
Defendant
1 Meredith Lynne Rawlings
Teacher (tortfeasor)
- Judgment against this defendant
- $1,443,459
Heads of damage
| General damages | $65,000 |
|---|---|
| Interest on general damages | $16,250 |
| Past economic loss | $613,292 |
| Interest on past EL | $383,921 |
| Past superannuation | $64,599 |
| Future loss of economic capacity | $260,086 |
| Future superannuation | $31,122 |
| Future special damages | $10,000 |
| Subtotal before refunds | $1,543,459 |
Key issues
Brockhurst v Rawlings [2021] QSC 217
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