Reid v Trustee of the Vincentian Fathers [2021] NSWSC 877

Reid v Trustee of the Vincentian Fathers [2021] NSWSC 877

Leave should be granted because the plaintiff's evidence gave detailed allegations of serious sexual abuse at the College, College records were broadly consistent with the timing of the allegations, and Dr Roberts' psychiatric report supported a causal contribution from the alleged abuse to diagnosed psychiatric conditions; on that material the proceedings were not an abuse of process and there was a prima facie ground for them.

Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Application for Leave to Commence Civil Proceedings Under the Felons (civil Proceedings) Act 1981 (nsw) / Notice of Motion Determined on the Papers in the Duty List
Outcome
Notice of motion to be granted; leave to commence civil proceedings pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) to be made nunc pro tunc taking effect from 9 September 2020.
Legal Topics
['leave to Commence Proceedings by Person in Custody' 'felons (civil Proceedings) Act 1981 (nsw)' 'prima Facie Ground for Proceedings' 'abuse of Process' 'damages for Alleged Sexual and Physical Abuse']
['civil Procedure' 'institutional Abuse'] ['leave to Commence Proceedings by Person in Custody' 'felons (civil Proceedings) Act 1981 (nsw)' 'prima Facie Ground for Proceedings' 'abuse of Process' 'damages for Alleged Sexual and Physical Abuse']

Case Brief

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Procedural Posture

Application for Leave to Commence Civil Proceedings Under the Felons (civil Proceedings) Act 1981 (nsw) / Notice of Motion Determined on the Papers in the Duty List

Legal Issues

  1. 1 ['Whether the plaintiff, being in custody after conviction for a serious indictable offence, should be granted leave to commence civil proceedings pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW).' 'Whether the Court was satisfied that the proceedings were not an abuse of process and that there was a prima facie ground for the proceedings under s 5 of the Felons (Civil Proceedings) Act 1981 (NSW).' 'Whether the leave orders should be made nunc pro tunc and take effect from 9 September 2020.']

Ratio Decidendi

Leave should be granted because the plaintiff's evidence gave detailed allegations of serious sexual abuse at the College, College records were broadly consistent with the timing of the allegations, and Dr Roberts' psychiatric report supported a causal contribution from the alleged abuse to diagnosed psychiatric conditions; on that material the proceedings were not an abuse of process and there was a prima facie ground for them.

Court Disposition

Notice of motion to be granted; leave to commence civil proceedings pursuant to s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) to be made nunc pro tunc taking effect from 9 September 2020.

Orders

  • ['The solicitor for the plaintiff shall bring in short minutes of order reflecting this decision by 4pm on Wednesday, 21 July 2021.']