Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.4) [2018] NSWSC 1489

Supreme Court New South Wales

Medium Neutral Citation: Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.4) [2018] NSWSC 1489 Hearing dates: 1 December 2017, 31 July 2018, 2 August 2018 Date of orders: 05 October 2018 Decision date: 05 October 2018 Jurisdiction: Common Law Before: Garling J Decision: (1) Proceedings 2017/278663, commenced by Summons filed 13 September 2017 are dismissed. (2) The plaintiffs, as executors of the Estate of the late Roy Donald Judd, are to pay the costs of the proceedings. Catchwords: LIMITATION OF ACTIONS – personal injury – claims against estate of alleged perpetrator for damages for alleged sexual assaults – delay in commencing claims – no limitation period – Limitation Act 1969, s 6A – whether proceedings should be stayed as an abuse of process CIVIL PROCEDURE – application for permanent stay – abuse of process – categories of abuse of process not closed – claim brought in respect of events alleged to have occurred up to 40 years ago – whether it would be manifestly unfair to defendant or would otherwise bring administration of justice into disrepute if claim proceeded – public interest – where a number of avenues of enquiry remain available to the executors to defend the matter – permanent stay refused

CIVIL PROCEDURE – admissibility of transcripts of telephone conversation – lawful intercept warrant – where transcript tendered on a confidential basis – unnecessary to determine question of admissibility Legislation Cited: Civil Procedure Act 2005 Crimes Act 1900 Crimes Amendment (Sexual Offences) Act 2003 Crimes (Amendment) Act 1984 Government Information (Public Access) Act 2009 Interpretation Act 1987 Limitation Amendment (Child Abuse) Act 2016 Limitation Act 1969 Surveillance Devices Act 2007 Cases Cited: Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; (2006) 226 CLR 256; Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Connellan v Murphy [2017] VSCA 116 Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.3) [2018] NSWSC 1479 Herron v McGregor (1986) 6 NSWLR 246 Hunter v Chief Constable of the West Midlands Police [1981] UKHL 13; (1982) AC 529 Jago v District Court of New South Wales [1989] HCA 46; (1989) 168 CLR 23 Metropolitan Bank Limited v Pooley (1885) 10 App Cas 210 Prince Alfred College Inc v ADC [2016] HCA 37; (2016) 258 CLR 134 R v Edwards [2009] HCA 20; (2009) 255 ALR 399 R v Jacobi [2012] SASCFC 115; (2012) 114 SASR 227 R v McCarthy (NSWCCA 12 August 1994, unrep) R v Stringer (2000) 116 A Crim R 198 Walton v Gardiner [1993] HCA 77; (1993) 177 CLR 378 Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 Texts Cited: Not Applicable Category: Principal judgment Parties: Trevor Athol Gorman and Ian Alexander Dunn as Executors of the Estate of the Late Roy Judd (P) Christopher John McKnight (D1) Craig Andrew Channell (D2) Aaron Gammage (D3) State of NSW (D4) Representation: Counsel: M Neil QC / M Kalyk (P) N H Newton (D1) J Michie (D2) C Simpson (D3) J Haski (D4)