DEF v Trappett [2016] NSWSC 1698

Supreme Court New South Wales

Medium Neutral Citation: DEF v Trappett [2016] NSWSC 1698 Hearing dates: 11 to 12 October 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The proceedings be dismissed; (2) The matter be listed for argument on costs at 9.30am on Friday, 16 December 2016; (3) On or before 4pm on 13 December 2016, the parties file and serve submissions on costs that are not to exceed three pages; (4) There be liberty to apply. Catchwords: DISCIPLINARY ACTION – church – priest – catholic priest challenges finding by church body that he committed sexual abuse – complaint that priest sexually exploited adult parishioner – complaint referred for assessment under "Towards Healing" – assessors found complaint substantiated – report referred to Archbishop for further action – Archbishop contemplating removal of plaintiff's faculties – alleged denial of natural justice – whether Court has jurisdiction to hear complaint – basis for interference with disciplinary actions of private bodies – relations between parties not contractual – no church property involved – not shown that plaintiff's emoluments at risk – no threat to livelihood – potential damage to plaintiff's reputation from dissemination of report not sufficient to confer jurisdiction to "review" process that lead to production of report – Court had no jurisdiction to intervene – proceedings dismissed. Legislation Cited: Anglican Church in Australia Constitution Act 1961 (NSW) Commission for Children and Young People Act 1998 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Criminal Justice Act (Qld) Jurisdiction of Courts (Cross Vesting) Act 1987 (NSW) Jurisdiction of Courts (Cross Vesting) Act 1987 (Qld) Roman Catholic Church (Corporation of the Sister of Mercy of the Diocese of Cairns) Land Vesting Act 1945 Roman Catholic Church (Incorporation of Church Entities) Act 1954 Roman Catholic Church (Northern Lands) Vesting Act 1941 Roman Catholic Church Lands Act 1985 Roman Catholic Church Trust Property Act 1936 Supreme Court Act 1970 (NSW) Cases Cited: Abela v Royal New South Wales Canine Council Limited trading as Dogs New South Wales [2015] NSWSC 242 Adamson v West Perth Football Club Inc (1979) 27 ALR 474 Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Agricultural Societies Council of NSW v Christie [2016] NSWCA 331 Australian Football League v Carlton [1998] 2 VR 546 Buckley v Tutty [1971] HCA 71; 125 CLR 353 Cameron v Hogan [1934] HCA 24; 51 CLR 358 Carter v NSW Netball Association [2004] NSWSC 737 Chase Oyster Bar v Hamo Industries [2010] NSWCA 190; 78 NSWLR 393 Clark v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane [1998] 1 Qd R 26 Darling Casino Ltd v New South Wales Casino Control Authority [1997] HCA 11; (1997) 191 CLR 602 Dickson v Pharmaceutical Society of Great Britain [1970] AC 403 Ex parte; The Rev George King (1861) 2 Legge 1307 Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Pty Co Ltd [1911] HCA 31; 12 CLR 398 Field v NSW Greyhound Breeders, Owners & Trainers Association [1972] 2 NSWLR 948 Fisher v Keane (1879) 11 Ch D 353 Fitzpatrick v Lithgow and District Workmens Club Limited [2012] NSWSC 265 Forbes v New South Wales Trotting Club Ltd (1979) 143 CLR 242 Garcia v National Australia Bank Ltd [1998] HCA 48; 194 CLR 395 Harrington v Coote (2013) 119 SASR 152 Heatley v Tasmanian Racing and Gaming Commission (1977) 137 CLR 487 Hepworth Manufacturing Co Ltd v Ryott [1920] 1 Ch 1 Islamic Council of South Australia Inc v Australian Federation of Islamic Councils Inc [2009] NSWSC 211 Lipohar v The Queen [1999] HCA 65; 200 CLR 485 Liverpool Touch Football Association v New South Wales Touch Association Incorporated [2014] NSWSC 1553 Macqueen v Frackelton [1909] HCA 28; 8 CLR 673 Mitchell v Royal New South Wales Canine Council [2001] NSWCA 162; 52 NSWLR 242 Murdison v Scottish Football Union (1896) 23 R (Ct of Sess) 449 Obeid v R [2015] NSWCCA 309 Plenty v Seventh-Day Adventists Church of Port Pirie (1986) 43 SASR 121 R v Panel on Take-overs and Mergers; Ex parte Datafin PLC [1987] 1 QB 815; 1 All ER 56 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Rinehart v Welker [2011] NSWCA 403 Rigby v Connol (1880) LR 14 Ch D 482 Rush v WA Amateur Football League (Inc) [2007] WASCA 190; (2007) 35 WAR 102 Scandrett v Downing (1992) 27 NSWLR 483 Sturt & Anor v The Right Reverend Dr Brian Farran, Bishop of Newcastle and Ors [2012] NSWSC 400 Trustees of the Roman Catholic Church v Ellis & Anor [2007] NSWCA 117 Texts Cited: Forbes, Justice in Tribunals, 4th edition Category: Principal judgment Parties: DEF (Plaintiff) Mark Eustance (Third Defendant) Most Reverend Archbishop Mark Coleridge (Fifth Defendant) Representation: Counsel: WG Muddle SC; M McAuley (Plaintiff) RPL Lancaster SC; TJ Boyle (Third Defendant) P Skinner (Fifth Defendant)