The largest payout to an abuse survivor in Australia, a $5.9 million award against the Western Bulldogs, has been reduced by more than half on appeal.
But lawyers for Adam Kneale, who was abused by volunteer Graeme Hobbs, have hailed the revised $2.6 million payout as a win because the Court of Appeal rejected the rest of the AFL club’s claims.
“My client’s delighted that the Court of Appeal has upheld the win,” Rightside Legal’s Michael Magazanik said outside court on Thursday.
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“What this judgment underlines is that the Western Bulldogs allowed a pedophile to freely roam the premises, groom kids, abuse kids and destroy lives, and now the Bulldogs are going to pay a hefty price for that failure.”
Mr Kneale, 51, launched legal action against the Bulldogs after he suffered abuse between 1984 and 1990 at the hands of Hobbs, who has since died.
Hobbs first sexually abused Mr Kneale when he was 11 or 12 at an administration building at the club’s home ground in 1984.
Following a four-week Supreme Court trial, a jury of six found the Bulldogs were negligent and awarded $5,943,151 in damages, including $3,250,000 for Mr Kneale’s pain and suffering.
The Bulldogs launched an appeal against the jury’s finding, asking for it to be overturned and also appealed the award amount.
Their lawyers argued “red flags” reported to the club’s leadership about Hobbs, including that he was “sleazy character”in a trench coat, were not evidence enough to prove he would go onto commit child sexual abuse.
But the Court of Appeal struck out all of the Bulldog’s appeal claims except one on Thursday.
They allowed their appeal against the jury’s pain and suffering amount to be overturned and reduced Mr Kneale’s payout to $2,637,573.
Bulldogs barrister Geraldine Gray asked the judges to allow the club 28 days to pay out the amount.
The court also ordered the Melbourne-based club to pay 70 per cent of their appeal costs.
Mr Magazanik said Mr Kneale expected some reduction as the $5.9 million jury amount was higher than his lawyers had asked for during the trial.
He said the Bulldogs had fought “tooth and nail to avoid paying Adam Kneale a single cent”.
“The general damages figure is now $850,000 which is still the highest figure awarded in Australian legal history for a survivor of sexual abuse,” he said.
“Adam’s created legal history, he has the Victorian Court of Appeal – the highest court in the state – awarding him a record figure for pain and suffering damages.
“That underlines the impact that sexual abuse has on survivors, and is a recognition by the court of the grievous wrong done to Adam as a child at the Western Bulldogs.”
The Bulldogs have been contacted by AAP for its response.
If you or someone you know is impacted by sexual assault, domestic or family violence, call 1800RESPECT on 1800 737 732 or visit 1800RESPECT.org.au. In an emergency, call 000.
