Recent Cases

Jennings v Wilden [2023] NSWCA 41 (14 March 2023) (Meagher and Mitchelmore JJA, Basten AJA)


Catchwords:


APPEAL – civil proceedings – forced sexual intercourse without consent within marriage – appeal against liability – grounds – judge erred in applying standard for appellate review of findings of fact to defendant’s evidence – reversal of burden of proof

DAMAGES – appeal – future economic loss – assessment – “buffer” of $100,000 awarded – whether excessive and unsupported by evidence