Robinson v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2023] NSWSC 740

Supreme Court New South Wales

Medium Neutral Citation: Robinson v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle [2023] NSWSC 740 Hearing dates: 30 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to s 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 (Case No. 2023/118210), with such orders made nunc pro tunc. 2. No order as to costs with the intent that each party bear their own costs of the notice of motion. Catchwords: CIVIL PROCEDURE – commencement of proceedings – leave to commence action – where plaintiff was in custody for serious indictable offences when proceedings commenced – where proceedings commenced before leave was sought – where plaintiff alleged he was sexually assaulted by priest at the school he attended – leave granted Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW) s 4 Cases Cited: 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: Daniel Robinson (Plaintiff) The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle (Defendant) Representation: Counsel: J Isackson (Plaintiff) No appearance (Defendant)

Solicitors: Kingsley Lawson Lawyers (Plaintiff) Barry Nilsson Lawyers (Defendant) File Number(s): 2023/118210 Publication restriction: Nil