Peters (a pseudonym) v Trustees of the Marist Brothers [2022] NSWSC 1475

Supreme Court New South Wales

Medium Neutral Citation: Peters (a pseudonym) v Trustees of the Marist Brothers [2022] NSWSC 1475 Hearing dates: 29 August 2022 Decision date: 31 October 2022 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff may issue, and the defendant must answer, a subpoena addressed to the defendant to the following effect: seeking production of all written or recorded statements of persons directly alleging themselves to be victims whilst under the age of 18 years of sexual abuse or sexualist behaviour on the part of Mr Cable, involving penetration, touching or indecent acts (including verbal acts). (2) Costs reserved. Catchwords: CIVIL PROCEDURE – subpoenas – application to set aside – legitimate forensic purpose in establishing tendency in historical sexual abuse proceedings – paragraph narrowed with consent of plaintiff Legislation Cited: Evidence Act 1995 (NSW) National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) Cases Cited: Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1952) 72 WN (NSW) 250 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Gill v Trustees of the Marist Brothers [2022] NSWSC 1087 LG v Brian Brock as executor of the estate of the late Leo Clarke [2016] NSWSC 323 National Employers' Mutual General Association Ltd v Waind [1978] 1 NSWLR 372 R v Saleam [1999] NSWCCA 86 R v Saleam (1989) 16 NSWLR 14 TL v The King [2022] HCA 35 Category: Procedural rulings Parties: Mark Peters (a pseudonym) (Plaintiff) Trustees of the Marist Brothers (Defendant) Representation: Counsel: S McCarthy (Plaintiff) G Watson SC (Defendant)