The recent decision of the Northern Territory Supreme Court in
Binsaris, Webster, Austral & O'Shea v Northern
Territory of Australia [2023] NTSC 79 provides guidance on the
assessment of damages for civil claims for assault and battery
where there is not also a personal injury claim.
Background
The plaintiffs were detainees within the Behaviour Management
Unit (BMU) at the Don Dale Youth Detention Centre
(the Centre) in the Northern Territory.
On around 5.00pm on 21 August 2014, another detainee escaped
from his cell, damaged property and caused a serious disturbance.
Early in the disturbance, two of the plaintiffs joined in by
damaging property within their cell, but, at all times, remained
within the cell.
