JMW1 v Salvation Army (NSW) Property Trust [2020] NSWSC 1682

Supreme Court New South Wales

Medium Neutral Citation: JMW1 v Salvation Army (NSW) Property Trust [2020] NSWSC 1682 Hearing dates: 21 August 2020 Date of orders: 03 December 2020 Decision date: 03 December 2020 Jurisdiction: Common Law Before: Garling J Decision: 1. Judgment for the defendant. 2. Proceedings otherwise dismissed. 3. Plaintiff to pay the defendant's costs. Catchwords: CIVIL PROCEDURE — Separate determination of questions —Deed of Release executed between plaintiff and defendant - whether the Deed of Release bars the plaintiff from pursuing his claim – is the defendant entitled to judgment in its favour – no evidence of circumstances that would preclude relevance as the Deed – plaintiff's claim dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: JMW1 (P) Salvation Army (NSW) Property Trust (D) Representation: Counsel: Self-Represented (P) D Villa SC / N Bentley (D)

Solicitors: Mills Oakley, Solicitors (D) File Number(s): 2018/216256 Publication restriction: Not Applicable

Judgment 1. By an Amended Statement of Claim filed 30 November 2018, the plaintiff, who has the pseudonym JMW1, sued the Salvation Army (NSW) Property Trust ("the Salvation Army") for damages for sexual assault which occurred whilst the plaintiff, as a young boy, lived at the Bexley Boys' Home ("Bexley"), a residential care institution for children conducted by the Salvation Army. 2. The plaintiff also made a claim for damages against the State of NSW with respect to his incarceration at the Albion Street Shelter, the Darlinghurst Police Station and at Long Bay Correctional Centre. The plaintiff's claim against the State of NSW has been resolved, and the plaintiff has discontinued that claim. The Salvation Army remains the only defendant, although it is described from time to time in the pleadings as the second defendant.