MTH v State of New South Wales [2023] NSWSC 1124

Supreme Court New South Wales

Medium Neutral Citation: MTH v State of New South Wales [2023] NSWSC 1124 Hearing dates: 04 September 2023 Date of orders: 08 September 2023 Decision date: 15 September 2023 Jurisdiction: Common Law Before: Garling J Decision: (1) Notice of Motion filed 15 June 2023 dismissed. (2) Third defendant to pay the Plaintiff's costs of the Notice of Motion. (3) First Defendant to pay its own costs of the Notice of Motion. Catchwords: CIVIL PROCEDURE — Permanent stay of proceedings — Claim for damages for historical sexual abuse — Alleged perpetrator and other witnesses deceased — Claim against perpetrator's spouse — Novel Duty of Care — Where fair but not perfect trial possible — Permanent stay refused Legislation Cited: Child Welfare Act 1939 s 149 Civil Liability Act 2002 s 5D Civil Procedure Act 2005 s 67 Evidence Act 1995 ss 63, 69 Limitation Act 1969 ss 6A, 51 Cases Cited: Gibson v Parkes District Hospital (1991) 26 NSWLR 9 MTH v State of New South Wales [2022] NSWSC 884 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 The Queen v Edwards [2009] HCA 20 Texts Cited: Not Applicable Category: Procedural rulings Parties: MTH (P) State of NSW (D1) Geoffrey Croft (D2) (deceased) Sandra Croft (D3) Representation: Counsel: Mr Sharpe (P) C Faunt (D1) No appearance (D2) P Tierney (D3)