SY1 v State of New South Wales [2024] NSWSC 327

Supreme Court New South Wales

Medium Neutral Citation: SY1 v State of New South Wales [2024] NSWSC 327 Hearing dates: 25 March 2024 Date of orders: 25 March 2024 Decision date: 25 March 2024 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW), leave is granted to the plaintiff nunc pro tunc to commence the proceedings filed on 10 November 2023. (2) The plaintiff in these proceedings is to be known as SY1 and is to be described in all proceedings and all documents filed and served in the proceedings as SY1 and except as may be necessary for the proper conduct of the proceedings is to be only referred to as SY1. (3) The name of the proceedings be changed so that the proceedings be referred to as SY1 v State of New South Wales. (4) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), the name and identity of the plaintiff is supressed except as may be necessary for the proper conduct of these proceedings upon the ground that the order is necessary to protect the safety of any person. (5) Order 4 is to apply throughout the Commonwealth of Australia. (6) Order 4 is to apply until the determination of the plaintiff's proceedings. (7) The costs of the motion are to be the costs in the cause. Catchwords: CIVIL PROCEDURE – application for leave under s 4 Felons (Civil Proceedings) Act 1981 (NSW) – claim for damages following alleged sexual assault by officer in juvenile detention – leave granted nunc pro tunc Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7 Crown Proceedings Act 1988 (NSW), s 5 Felons (Civil Proceedings) Act 1981 (NSW), ss 4, 5 Limitation Act 1969 (NSW), s 6A(2) Cases Cited: Application of Malcolm Huntley Potier [2012] NSWCA 222 Jol v State of New South Wales (1998) 45 NSWLR 283 Category: Principal judgment Parties: SY1 (Plaintiff) State of New South Wales (First Defendant) Anglican Diocese of Newcastle (Second Defendant) Representation: Counsel: J Mondel (Plaintiff) C Moses (First Defendant) L Biviano (Second Defendant)