Magann v Trustees of the Roman Catholic Church of the Diocese of Parramatta [2019] NSWSC 1453

Supreme Court New South Wales

Medium Neutral Citation: Magann v Trustees of the Roman Catholic Church of the Diocese of Parramatta [2019] NSWSC 1453 Hearing dates: 18, 19, 20, 21 March 2019 (last evidence filed 16 May 2019) Decision date: 28 October 2019 Jurisdiction: Common Law Before: N Adams J Decision: (1) Declare that the Deed of Release dated 16 October 2007 between the plaintiff and the defendant is valid and extinguishes the defendant's liability in relation to any cause of action arising from the matters contained in it including these proceedings. (2) Direct the plaintiff to file and serve within 14 days any submissions as to why it would be inappropriate for the Court to dismiss his claim. (3) Direct that the defendant file and serve any submissions in reply, if required, within 7 days after receipt of any submissions from the plaintiff. (4) Reserve judgment as to whether the court should dismiss the proceedings and direct that such determination take place on the papers. (5) The plaintiff is to pay the defendant's costs. Catchwords: CONTRACTS –– motion for determination of separate question – r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) claim in respect of alleged childhood sexual abuse – where limitations period defeated claim without determination of its merits – where claimant signed deed of release releasing defendant from any liability in respect of his claims – where claimant received payment – where relevant limitations periods subsequently repealed – whether claim for damages maintainable following repeal of limitations periods notwithstanding deed releasing all liability – Contracts Review Act – unconscionability Legislation Cited: Contracts Review Act 1980 (NSW), s 4(1), s 7(1), s 9, s 16 Interpretation Act 1987 (NSW), s 30C Limitation Act 1969 (NSW), s 6A, s 58(2), s 58(2), s 60C(2), s 60G(2), Sch 3, Pt 3, cl 10, Sch 5 Limitation Amendment (Child Abuse) Act 2016 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Baltic Shipping Co v Merchant (1994) 36 NSWLR 361; (1994) Aust Contract R 90-045 Bank of Credit and Commerce International SA v Ali [2002] 1 AC 251; [2001] UKHL 8 Bega v Lauvan Pty Ltd [2019] NSWCA 36 Borchert v Terry [2009] WASC 322 Brambles Holdings Ltd v Bathurst City Council (2001) NSWCA 61 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Campbell v Campbell [2015] NSWSC 784 Codelfa Constructions Proprietary Limited v State Rail Authority (NSW) (1982) 149 CLR 337; [1982] HCA 24 Doggett v Commonwealth Bank of Australia (2015) 47 VR 302; [2015] VSCA 351 Eijkman v Magann; McGloin v Magann; Trustees of the Roman Catholic Church of the Diocese of Parramatta v Magann [2005] NSWCA 358 Gibbons v Wright (1954) 91 CLR 423; [1954] HCA 17 Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112; [1954] HCA 23 Griffin Energy Group Pty Ltd (subject to a Deed of Company Arrangement) v Laughland [2016] NSWSC 1057 Hanna v Raoul [2018] NSWCA 201 Lauvan Pty Ltd v Bega [2018] NSWSC 154 Louth v Diprose (1992) 174 CLR 621; [1992] HCA 6 Magann v The Trustees of the Roman Catholic Church of the Diocese of Parramatta [2018] NSWSC 1551 Provident Capital Ltd v Papa [2013] NSWCA 36 Qantas Airways Ltd v Gubbins (1992) 28 NSWLR 26 Spina v Permanent Custodians Ltd (2009) 14 BPR 26;923; [2009] NSWCA 206 The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Proprietary Limited and Ors (No 2) NSWSC 322 Thorne v Kennedy (2017) 263 CLR 85; [2017] HCA 49 Tonto Home Loans Australia Pty Ltd v Tavares; FirstMac Ltd v Di Benedetto; FirstMac Ltd v O'Donnell [2011] NSWCA 389 West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Wilton v Farnsworth (1948) 76 CLR 646; [1948] HCA 20 Texts Cited: Royal Commission into Institutional Responses to Child Sexual Abuse, Redress and Civil Litigation Report (2015) Category: Principal judgment Parties: The Trustees of the Roman Catholic Church of the Dioceses of Parramatta (Applicant/Defendant) Darren Peter Magann (Respondent/Plaintiff) Representation: Counsel: L Gyles SC with A Campbell (Applicant/Defendant) T Boyd (Respondent/Plaintiff)