K1 v The Trustees of the Marist Brothers [2017] NSWSC 508

Supreme Court New South Wales

Medium Neutral Citation: K1 v The Trustees of the Marist Brothers [2017] NSWSC 508 Hearing dates: 26 April 2017 Decision date: 26 April 2017 Jurisdiction: Common Law Before: McCallum J Decision: Proceedings stayed pending conclusion of criminal trial against the tenth defendant Catchwords: PROCEDURE – claim for damages for sexual assault – alleged offender a defendant to the proceedings – where alleged offender also facing criminal charges – application by defendants to have civil proceedings stayed pending conclusion of criminal trial – interests of justice best served by staying civil proceedings pending conclusion of the criminal trial Legislation Cited: Children (Criminal Proceedings Act) 1987 (NSW), s 15A Category: Procedural and other rulings Parties: K1 (plaintiff) The Trustees of the Marist Brothers (first defendant) Jeffrey Crowe as executor of the estate of the late Kieran Geaney (second defendant) Jeffrey Crowe as executor of the estate of the late Robert Goodwin (third defendant) Geoffrey Joy (fourth defendant) Ronald Perry (fifth defendant) John Thompson as executor of the estate of the late Alman Dwyer (eighth defendant) Alexis Turton (ninth defendant) Christopher Wade (tenth defendant) Ernest Houston (eleventh defendant) Kelvin Canavan (twelfth defendant) Representation: Counsel: JB Masur (plaintiff) M Avenell (defendants)