Catholic Church to pay extra $850k to abuse survivor after Supreme Court ruling
A Supreme Court judge has rejected a bid by the Catholic Church to slash compensation to an abuse survivor, who is now receiving a sizeable $4m payout.
Police & Courts
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An abuse survivor will receive nearly an extra $1m in compensation as a Supreme Court judge rejected a bid by the Catholic Church to have the payout slashed.
In a landmark verdict earlier this month, a jury awarded $3.3m to a survivor of convicted pedophile priest Vincent Kiss — the largest payout by the Catholic Church in Australian history and the first civil trial to be tested before jurors, according to the victim’s lawyers.
The victim, known as TJ, was awarded $1.3m in exemplary damages, also known as punitive damages which punish a defendant for its conduct, in addition to $2.06m for pain, suffering and economic loss.
The church tried to have the payout reduced, arguing it was not up to the jury to return a verdict on exemplary damages.
But Supreme Court Justice Stephen O’Meara on Thursday ruled against the church, finding they were liable for exemplary damages while also awarding $852,353 interest for pain, suffering and economic loss.
Arnold Thomas & Becker partner Kim Price, who represented TJ, said the church forced their client to endure years of litigation and the increase in compensation reflected the court’s endorsement of the jury’s verdict.
“This sets a landmark precedent and will force the Church to seriously, finally, reconsider its belligerent attitude,” he said.
“This case went to trial largely because the Church refused to acknowledge the impact of the abuse on our client. He has now been vindicated.
“Our client and his family can now move forward and rebuild their lives, knowing that justice has been delivered.”
The case was initially brought by four men against the diocese of Wagga Wagga, with the plaintiffs alleging they were abused by Kiss in the 1960s and 1970s.
The Catholic Church settled out of court with three of the men but TJ went to trial.
TJ, now in his 60s, met Kiss at Saint Michael’s Cathedral in Wagga Wagga when he was a 14-year-old altar boy.
He was sexually abused for more than two years from 1972, and claimed the church knew or ought to have known Kiss had a propensity to sexually abuse children, noting they failed to respond to a complaint made against him in 1968.
The diocese initially claimed it was unaware of the abuse, despite Kiss pleading guilty to sex offences and serving jail time.
Four days before the October trial was due to begin, the church amended its statement of defence and admitted it was negligent and TJ had suffered abuse.
At trial it downplayed the extent of TJ’s suffering claiming he had a “good life” and was not entitled to exemplary damages.
The ruling means TJ will receive a payout of more than $4m.
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