Clynch v Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustee for St Joseph’s Primary Eden [2022] NSWSC 736

Supreme Court New South Wales

Medium Neutral Citation: Clynch v Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustee for St Joseph's Primary Eden [2022] NSWSC 736 Hearing dates: 27 May 2022 Date of orders: 27 May 2022 Decision date: 27 May 2022 Jurisdiction: Common Law Before: Lonergan Decision: (1) The plaintiff is granted leave nunc pro tunc pursuant to ss 4 and 5 of the Felons (Civil Proceedings) 1981 (NSW) to institute proceedings against the defendant in the form contained in the statement of claim filed on 3 November 2021. (2) Each party is to bear its own costs of the notice of motion. Catchwords: CIVIL PROCEDURE – notice of motion – Felons (Civil Proceedings) Act 1981 NSW – leave to commence proceedings sought – claim for damages for sexual abuse by teacher – leave granted nunc pro tunc - costs Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW) Cases Cited: First v State of New South Wales [2021] NSWSC 226 Ford v Simes [2019] NSWCA 351 Jol v State of New South Wales (1998) 45 NSWLR 283; (1998) 104 A Crim R 516 SW v State of New South Wales [2010] NSWSC 966 Category: Procedural rulings Parties: Timothy Clynch (Plaintiff) Trustees of the Roman Catholic Church for the Archdiocese of Canberra and Goulburn as Trustee for St Joseph's Primary Eden (Defendant) Representation: Counsel: T Meakes (Plaintiff)

Solicitors: Beston McManis Lawyers (Plaintiff) Sparke Helmore Lawyers (Defendant) File Number(s): 2021/00312175 Publication restriction: Nil