NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Pham v State of New South Wales [2022] NSWSC 717 Hearing dates: 1 June 2022 Date of orders: 1 June 2022 Decision date: 01 June 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave granted to defendant to appear. 2. The Plaintiff is granted leave nunc pro tunc pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 to institute proceedings against the Defendant in the form contained in the Statement of Claim filed 17 November 2021. 3. Each party is to bear their own costs of the Notice of Motion. Catchwords: CIVIL PROCEDURE - commencement of proceedings – leave to commence action – where plaintiff serving a sentence for a serious indictable offence – where proceedings commenced before leave sought – where plaintiff alleged he was sexually abused as a pupil attending a Department of Education school – leave granted Legislation Cited: Crimes Act 1900 (NSW) ss 4, 95, 96, 98 Felons (Civil Proceedings) Act 1981 (NSW) ss 4, 5 Cases Cited: Application of Malcolm Huntley Potier [2012] NSWCA 222 Jol v State of New South Wales (1998) 45 NSWLR 283 Texts Cited: Nil Category: Procedural rulings Parties: Luan Pham (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: T Meakes (Plaintiff) J Yao (Defendant)
Solicitors: Beston McManis Lawyers (Plaintiff) Moray & Agnew Lawyers (Defendant) File Number(s): 2021/327224 Publication restriction: Nil
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