Martin v The Trustees of the Vincentian Fathers [2022] NSWSC 1120

Martin v The Trustees of the Vincentian Fathers [2022] NSWSC 1120

Leave was granted as the proceedings were not an abuse of process and there was a prima facie ground for the proceeding, based on the supporting evidence and statement of claim alleging tortious acts for which the defendants may be vicariously liable.

Jurisdiction
Australia
Judgment Date
23 August 2022
Procedural Posture
Application for Leave to Institute Proceedings / Leave to Commence Action Granted
Outcome
Leave granted to file statement of claim to institute proceedings
Legal Topics
['leave to Commence Proceedings' 'felons (civil Proceedings) Act 1981 (nsw)' 'plaintiff in Custody']
['civil Procedure'] ['leave to Commence Proceedings' 'felons (civil Proceedings) Act 1981 (nsw)' 'plaintiff in Custody']

Case Brief

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Procedural Posture

Application for Leave to Institute Proceedings / Leave to Commence Action Granted

Legal Issues

  1. 1 ['Whether leave should be granted to a plaintiff in custody to commence civil proceedings under the Felons (Civil Proceedings) Act 1981 (NSW)']

Ratio Decidendi

Leave was granted as the proceedings were not an abuse of process and there was a prima facie ground for the proceeding, based on the supporting evidence and statement of claim alleging tortious acts for which the defendants may be vicariously liable.

Court Disposition

Leave granted to file statement of claim to institute proceedings

Orders

  • ['Grant leave to the plaintiff to file the statement of claim to institute the proceedings']