Bugmy v State of New South Wales [2024] NSWSC 84

Supreme Court New South Wales

Medium Neutral Citation: Bugmy v State of New South Wales [2024] NSWSC 84 Hearing dates: 12 February 2024 Date of orders: 12 February 2024 Decision date: 12 February 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. The plaintiff be granted leave to institute proceedings nunc pro tunc pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW). 2. Costs to be costs in the cause. 3. Defendant to request further and better particulars of the Statement of Claim by 31 January 2024. 4. Plaintiff to respond to defendant's request for further and better particulars by 29 February 2024. 5. Defendant to file and serve Defence by 12 April 2024. 6. Defendant to serve expert medical evidence by 22 May 2024. 7. Plaintiff to serve mediation position paper 14 days prior to mediation. 8. Defendant to serve mediation paper 7 days prior to mediation. 9. Parties to engage in mediation by 28 June 2024. 10. Matter listed for Directions before the Registrar at 9am on 19 July 2024 11. Liberty to restore on 3 days' notice. Catchwords: CIVIL PROCEDURE – commencement of proceedings – leave to commence action – where plaintiff in custody for serious indictable offence – where proceedings commenced before leave was sought – where plaintiff claimed to have been assaulted when a minor and held at Mt Penang Training School – leave granted Legislation Cited: Felons (Civil Proceedings) Act 1981 (NSW). s 4 Cases Cited: Jol v State of New South Wales (1998) 45 NSWLR 283 Re Application of Malcolm Potier [2012] NSWCA 222 Texts Cited: Nil Category: Procedural rulings Parties: Trevor Shane Bugmy (Plaintiff) State of New South Wales (Defendant) File Number(s): 2023/346783 Publication restriction: Nil