HARTNETT v TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF WILCANNIA-FORBES (No 2) [2024] NSWSC 98

Supreme Court New South Wales

Medium Neutral Citation: HARTNETT v TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE DIOCESE OF WILCANNIA-FORBES (No 2) [2024] NSWSC 98 Hearing dates: 5 - 8 February 2024 Date of orders: 8 February 2024 Decision date: 08 February 2024 Jurisdiction: Common Law Before: Campbell J Decision: Reject the defendants' objection to Mr Martin Gregory Haimes' giving of oral evidence Catchwords: EVIDENCE – tendency evidence – tendency rule – proposed tendency evidence precedes the events the subject of proceedings by almost 20 years – significant probative value – proposed evidence capable of proving facts in issue either alone or in conjunction with other evidence – where defendant's statement indirectly addresses allegations raised in proposed evidence – no unfair prejudice occasioned Legislation Cited: Evidence Act 1995 (NSW), ss 97, 135, 192 Limitation Act 1969 (NSW), s 6A Cases Cited: GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32; 97 ALJR 857 Hughes v The Queen (2017) 263 CLR 338; [2017] HCA 20 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)