HARTNETT v TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF WILCANNIA-FORBES [2024] NSWSC 97

Supreme Court New South Wales

Medium Neutral Citation: HARTNETT v TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF WILCANNIA-FORBES [2024] NSWSC 97 Hearing dates: 5 - 6 February 2024 Date of orders: 6 February 2024 Decision date: 06 February 2024 Jurisdiction: Common Law Before: Campbell J Decision: Reject paragraph 15 of the witness statement of Ms Sylvia Fernando dated 16 November 2023 Catchwords: EVIDENCE – tendency evidence – tendency rule – Evidence Act 1995 – where proposed tendency evidence not identified in tendency notice – where proposed tendency evidence incapable of proving facts in issue either by itself or in conjunction with other evidence Legislation Cited: Evidence Act 1995 (NSW), ss 94(4), 97 Limitation Act 1969 (NSW), s 6A Category: Procedural rulings Parties: Albert John Hartnett (Plaintiff) Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes (First Defendant) Trustee of the Marist Brothers (Second Defendant) Mercy Support Limited (Third Defendant) Representation: Counsel: E Romaniuk SC with J Masur (Plaintiff) M Robinson (First Defendant) M Slattery (Solicitor) (Second Defendant) D Lloyd SC with D Stretton (Third Defendant)

Solicitors: North Star Law (Plaintiff) Dentons Australia Limited (First Defendant) Carroll & O'Dea Lawyers (Second Defendant) Mills Oakley (Third Defendant) File Number(s): 2022/00288425