RJP v Marist Fathers Australian Province and Trustees of the Marist Fathers for the Province of Australia [2023] NSWSC 636

Supreme Court New South Wales

Medium Neutral Citation: RJP v Marist Fathers Australian Province and Trustees of the Marist Fathers for the Province of Australia [2023] NSWSC 636 Hearing dates: 18 May 2023 Date of orders: 18 May 2023 Decision date: 18 May 2023 Jurisdiction: Common Law Before: Garling J Decision: See [16] Catchwords: CIVIL PROCEDURE — hearings — adjournment — where plaintiff applied for adjournment of final hearing of proceedings — where basis for adjournment was plaintiff's significant, recent personal turmoil unrelated to the proceedings — where fourth defendant does not consent to application for adjournment — where proceedings have resolved with respect to the other defendants — eight-week adjournment granted Legislation Cited: Not Applicable Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural rulings Parties: RJP (P) Richard Burgess (D4) Representation: Counsel: D Villa SC (P) Self-represented (D4)

Solicitors: AMC Lawyers (P) File Number(s): 2019/395130 Publication restriction: Not Applicable

EX TEMPORE JUDGMENT 1. This is an application for an adjournment by the plaintiff, RJP, of the hearing of proceedings for damages for sexual abuse which is presently fixed to start on 29 May 2023. 2. The application for an adjournment of that hearing is based upon a complex and mix of matters which are intensely personal to the plaintiff, RJP, and which do not merit public exposition in my reasons. They are adequately described in an affidavit of 17 May 2023 which the plaintiff has affirmed. The active parties have a copy of the affidavit.