OCM v the Trustees of the Christian Brothers [2018] NSWSC 657

Supreme Court New South Wales

Medium Neutral Citation: OCM v the Trustees of the Christian Brothers [2018] NSWSC 657 Hearing dates: 11 May 2018 Date of orders: 11 May 2018 Decision date: 11 May 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that the Notice of Motion filed 16 April 2018 be dismissed. (2) Order each party to pay their own costs of the Motion. (3) Pursuant to s 26 of the Civil Procedure Act 2005, I refer the whole of the proceedings to mediation. (4) Order that the mediation is to take place on or before 31 August 2018. (5) Grant liberty to either party to seek directions with respect to the motion. (6) List the matter for further directions before Garling J at 9.30am on 21 September 2018. Catchwords: CIVIL PROCEDURE – application by plaintiff to transfer proceedings to the District Court – damages quantum likely not to exceed jurisdictional limit of District Court – where identical issues in another case to be heard in Supreme Court – risk of inconsistent verdicts – undesirability of plaintiffs giving evidence twice – interests of justice – transfer application refused

LIMITATION OF ACTIONS – tort – sexual abuse claim – whether corporal punishment falls within Limitation Act 1969 – whether claim is statute barred – issue to be decided upon full hearing Legislation Cited: Civil Procedure Act 2005 Limitation Act 1969 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: OCM (P) Trustees of the Christian Brothers (D1) The Trustee of the Christian Brothers as Executor of the Estate of the Late James Anthanasius McGlade (D2) Trustees of the Christian Brothers as Executor of the Estate of the Late Francis Barnabas Garvan (D3) Neil Richards (D4) Representation: Counsel: J Sharpe (P) K Smith (D1-D3) M Slattery (D4)