GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2021] NSWSC 1204

Supreme Court New South Wales

Medium Neutral Citation: GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2021] NSWSC 1204 Hearing dates: 15 March 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Common Law Before: Campbell J Decision: The application for a permanent stay of proceedings is refused Catchwords: CIVIL PROCEDURE – application for permanent stay – historical child sexual abuse – alleged perpetrator deceased in 1996 – assault said to have occurred in 1968 – effect of effluxion of time – extant documentary evidence – whether defendant can meet claims against it – whether proceedings would be oppressive or bring administration of justice into disrepute Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 15A Civil Procedure Act 2005 (NSW) s 67 Evidence Act 1995 (NSW) s 97 Limitation Act 1969 (NSW) s 6A Limitation Amendment (Child Abuse) Act 2016 (NSW) Cases Cited: Birmingham City Council v Abdulla [2013] 1 All ER 649; [2012] UKSC 47 Council of Trinity Grammar School v Anderson (2019) 101 NSWLR 762; [2019] NSWCA 292 Estate Judd v McKnight (No. 4) [2018] NSWSC 1489 Gorman v McKnight [2020] NSWCA 20. Moubarak bht Coorey v Holt (2019) 100 NSWLR 218; [2019] NSWCA 102 Texts Cited: Nil Category: Principal judgment Parties: GLJ (Plaintiff) The Trustees of the Roman Catholic Church for the Diocese of Lismore (Defendant) Representation: Counsel: A. Black SC with P. Tierney (Plaintiff) N. Polin SC (Defendant)