Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6:

1. MITCHELMORE JA: I agree with Adamson JA.

2. ADAMSON JA: The appellant, MTH, appeals against the judgments entered in favour of the first respondent, the State of New South Wales (the State), the second respondent, the estate of the late Geoffrey Croft (the estate), and the third respondent, Sandra Croft, by Cavanagh J (the primary judge) on 28 November 2024. She also appeals against the costs orders made that she pay the State's costs on the ordinary basis up to and including 30 July 2020 and on an indemnity basis thereafter and that she pay the costs of the estate and Mrs Croft on the ordinary basis.

3. The notice of appeal contains 33 grounds of appeal. It is not necessary that they be addressed separately since, as submitted on behalf of the estate, they fall into seven discrete categories as follows:

1) alleged failure to allow evidence from the criminal proceedings and tendency evidence to be admitted (grounds 1, 4, 26, 27 and 29);

2) alleged failure to find that Mr Croft, and since his death his estate, liable for the alleged tortious conduct of Mr Croft (ground 25);

3) alleged failure to find that the estate abused the process of the Court by disputing that he sexually assaulted the appellant;

4) other alleged failures relating to the admission or rejection of evidence (grounds 2, 5-19, 21, 23, 24 and 27);

5) alleged erroneous assessment of damages (ground 28);

6) alleged errors with respect to costs orders (grounds 17, 20, 28 and 30-32); and

7) other miscellaneous errors (grounds 3, 22, 29 and 33).

4. For the reasons given below, I consider that the appeal in respect of the estate ought be allowed and judgment entered in favour of the appellant against the estate with costs. I also consider that the primary judge's assessment of damages was erroneous and can be reviewed by this Court. The appeals against the State and Mrs Croft ought be dismissed.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1973d9a176e8aaf9126ea952)

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