TT v The Diocese of Saint Maron, Sydney & SS (No 2) [2023] NSWSC 976

Supreme Court New South Wales

Medium Neutral Citation: TT v The Diocese of Saint Maron, Sydney & SS (No 2) [2023] NSWSC 976 Hearing dates: 16 August 2023 Date of orders: 16 August 2023 Decision date: 17 August 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. In respect of the tendency notice date 2 December 2022, the plaintiff is permitted to adduce as tendency evidence, the evidence of Mr KN, Father KB, Mr GT, Mr KSC and Mr HC to establish the following tendencies: (a) that the second defendant had a predisposition towards engaging in flirtatious and sexually suggestive behaviour, directed towards other male persons; (b) that the second defendant engaged in such behaviour on his own initiative; (c) that the second defendant carried out such behaviour through risqué comments and suggestions progressing, when given opportunity, to physical touching; and (d) that such behaviour was conducted towards members of the Maronite Church or persons associated with the Church. 2. The above order is without prejudice to the defendants objecting to the evidence of the persons referred to in the order for reasons other than related to the question of tendency. 3. In respect of the tendency notice dated 7 December 2022, the plaintiff is not permitted to adduce as tendency evidence or any evidence purporting to support the allegation that the first defendant did not act upon complaints made by persons about sexual misconduct by the second defendant. 4. The preceding order is without prejudice to the plaintiff adducing evidence about the failure of the first defendant to act upon complaints regarding the conduct of the second defendant, provided such evidence is otherwise admissible. Catchwords: JUDGMENTS AND ORDERS – reasons relating to admissibility of tendency evidence – where plaintiff allowed to adduce tendency evidence relating to second defendant's conduct Legislation Cited: Evidence Act 1995 (NSW), ss 97, 97A, 101 Cases Cited: Hughes v The Queen (2017) 263 CLR 338; [2017] HCA 20 Jacara Pty Ltd v Perpetual Trustees WA Ltd (2000) 106 FCR 51; [2000] FCA 1886 McPhillamy v The Queen [2018] HCA 52; (2018) 92 ALJR 1045 Category: Procedural rulings Parties: TT (Plaintiff) SS (First Defendant) FY (Second Defendant) Representation: Counsel: Mr B Kelleher SC (First Defendant) Ms A Campbell (First Defendant)