A woman who claimed her Sydney solicitor father sexually and physically abused her for many years has lost her lawsuit against him, after a judge found she had false memories.
Jayne Gersbach, who was 34 when her case came before the NSW Supreme Court last year, claimed damages from Rodney Gersbach, then 61.
Ms Gersbach, who has suffered from a number of psychiatric conditions, said he abused her between the ages of four and 19, memories of which she said emerged when she underwent therapy as an adult.
Mr Gersbach testified he had never sexually assaulted her, nor physically abused her save for the administration of appropriate parental discipline.
On Friday, Justice Peter Garling found in favour of Mr Gersbach and ordered his daughter to pay his legal costs.
"An integral part of this conclusion involves my inability to conclude that either (her mother) or (her father) were intentionally lying in their evidence," he said.
They denied the conduct had occurred.
"Integral to that conclusion, is that I am also satisfied that there are many other matters in evidence, and in various accounts given by the plaintiff that are, in my assessment, factually untrue, even if the plaintiff honestly believes the facts to be true.
"These memories are, I am satisfied, false memories."
As well as the parents' denials, the judge noted the significant lack of corroboration and his evaluation of the expert evidence.
"I do not accept the plaintiff's evidence that she was in any way sexually assaulted by the defendant, or that the defendant perpetrated physical assaults upon her of a type which establishes her claim for damages."