DBT v Sydney Catholic School Ltd as Trustee for the Sydney Catholic Schools Trust & Anor [2022] NSWSC 890

Supreme Court New South Wales

Medium Neutral Citation: DBT v Sydney Catholic School Ltd as Trustee for the Sydney Catholic Schools Trust & Anor [2022] NSWSC 890 Hearing dates: 14 June 2022 Date of orders: 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW), DBT is granted leave to commence his civil proceedings in the Supreme Court of New South Wales. (2) The costs of the notice of motion will be costs in the cause. Catchwords: CIVIL LAW – procedure – leave to commence proceedings – application refreshingly brought before proceedings commenced – plaintiff in custody at time of proceedings – Felons Act – alleged victim of child sexual abuse at school – no question of principle Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW), ss 4, 5 Category: Procedural rulings Parties: DBT (Plaintiff) Sydney Catholic School Ltd as Trustee for the Sydney Catholic Schools Trust (First Defendant) Trustees of the Marist Brothers for the Province of Australia (Second Defendant) Representation: Counsel: J Masur (Plaintiff) R Pearson (First Defendant) K Flanigan (Second Defendant)

Solicitors: Shine Lawyers Ltd (Plaintiff) Corrs Chambers Westgarth (First Defendant) Carroll & O'Dea Lawyers (Second Defendant) File Number(s): 2022/137222 Publication restriction: Pursuant to suppression orders made on 20 October 2022 and s 7 of the Courts Suppression and Non-Publication Orders Act 2010, the judgment has been redacted so that the plaintiff is referred to as "DBT".