CH v Bermingham [2013] NSWSC 1218

CH v Bermingham [2013] NSWSC 1218

Given the significant evidentiary and credibility overlap between limitation, liability, and damages, and the undesirability of repeated cross-examination in child sexual assault cases, none of the parties demonstrated sufficient grounds to depart from the general rule that all issues should be determined in a single hearing. Motions for separate determinations were dismissed.

Parties
Plaintiff: CH; First Defendant: Margaret Bermingham; Second Defendant: The Trustees of the Roman Catholic Church for the Diocese of Lismore, Catholic Education Office; Third Defendant: Sister Barbara Bolster and the Trustees of the Sisters of Mercy; Fourth Defendant: Sister Margaret Hogan; Fifth Defendant: Geoffrey Hylton Jarrett; Sixth Defendant: John Steven Satterthwaite
Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Interlocutory Applications / Determination of Motions to Sever Issues for Separate Hearing
Outcome
All notices of motion for separate determination dismissed; no order as to costs.
Legal Topics
Severance of Issues, Separate Determination, Limitation Periods, Credibility, Vicarious Liability, Negligence, Damages
Practice and Procedure Severance of Issues Separate Determination Limitation Periods Credibility Vicarious Liability Negligence Damages

Case Brief

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Parties

CH

Plaintiff

Margaret Bermingham

First Defendant

The Trustees of the Roman Catholic Church for the Diocese of Lismore, Catholic Education Office

Second Defendant

Sister Barbara Bolster and the Trustees of the Sisters of Mercy

Third Defendant

Sister Margaret Hogan

Fourth Defendant

Geoffrey Hylton Jarrett

Fifth Defendant

John Steven Satterthwaite

Sixth Defendant

Procedural Posture

Interlocutory Applications / Determination of Motions to Sever Issues for Separate Hearing

Legal Issues

  1. 1 Whether limitation defence should be separately determined from liability and damages
  2. 2 Whether any substantial factual overlap exists between limitation and other issues
  3. 3 Whether damages should be determined separately from liability

Ratio Decidendi

Given the significant evidentiary and credibility overlap between limitation, liability, and damages, and the undesirability of repeated cross-examination in child sexual assault cases, none of the parties demonstrated sufficient grounds to depart from the general rule that all issues should be determined in a single hearing. Motions for separate determinations were dismissed.

Court Disposition

All notices of motion for separate determination dismissed; no order as to costs.

Orders

  • Notice of motion filed by the plaintiff on 7 December 2012 is dismissed.
  • Notice of motion filed by the first defendant on 22 February 2013 is dismissed.