NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hoskin v Trustees of the Marist Brothers [2023] NSWSC 739 Hearing dates: 29 June 2023 Date of orders: 29 June 2023 Decision date: 29 June 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to section 4 of the Felons (Civil Proceedings) Act 1981 (NSW) the plaintiff is granted leave to commence and maintain his civil proceedings in the Supreme Court of New South Wales (2023/85800), with such orders made nunc pro tunc. 2. An order that costs of the Motion be in the cause. Catchwords: CIVIL PROCEDURE – commencement of proceedings – leave to commence action – where plaintiff was in custody awaiting sentence for serious indictable offences at the time proceedings commenced – where proceedings commenced before leave was sought – where plaintiff alleged he was sexually assaulted by a teacher at school run by the defendant – leave granted Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW) s 4 Cases Cited: DP v Bird [2021] VSC 850 Jol v the State of New South Wales (1998) 45 NSWLR 283 Re Application of Malcolm Huntley Potier [2012] NSWCA 222 Texts Cited: Nil Category: Procedural rulings Parties: Kane Hoskin (Plaintiff) Trustees of the Marist Brothers (Defendant) Representation: Counsel: J Isackson (Plaintiff) R Algie (Defendant) (By leave of the Court)
Solicitors: Shine Lawyers Pty Ltd (Plaintiff) Carroll & O'Dea (Defendant) File Number(s): 2023/85800 Publication restriction: Nil
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