BTM1 v Scout Association of Australia New South Wales Branch (No.2) [2023] NSWSC 806

Supreme Court New South Wales

Medium Neutral Citation: BTM1 v Scout Association of Australia New South Wales Branch (No.2) [2023] NSWSC 806 Hearing dates: On the papers Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Common Law Before: Garling J Decision: See [29] Catchwords: COSTS – Claim for damages for historical sexual abuse – Permanent stay ordered – Whether each party should pay own costs – General rule that costs follow the event – Impecuniosity of plaintiff not sufficient basis to otherwise order – Plaintiff on notice of evidence advanced in support of permanent stay application – Costs to follow event Legislation Cited: Civil Procedure Act 2005 Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: BTM1 v Scout Association of Australia New South Wales Branch [2023] NSWSC 431 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 New South Wales v Lepore (2003) 212 CLR 511; [2003] HCA 4 Texts Cited: Not applicable Category: Principal judgment Parties: BTM1 (Plaintiff/Respondent) The Scouts Association of Australia New South Wales Branch (Defendant/Applicant) Representation: Counsel: D Campbell SC / C Simpson (Plaintiff/Respondent) N Hutley SC / J Sleight / E Dunlop (Defendant/Applicant)

Solicitors: Karp O'Neill Lawyers (Plaintiff/Respondent) Thompson Cooper Lawyers (Defendant/Applicant) File Number(s): 2020/00244241 Publication restriction: Not applicable