Barsley v Trustees of the Roman Catholic Church trading as Diocese of Maitland-Newcastle [2022] NSWSC 838

Barsley v Trustees of the Roman Catholic Church trading as Diocese of Maitland-Newcastle [2022] NSWSC 838

Leave should be granted nunc pro tunc as the plaintiff's proceedings are not an abuse of process and there is a prima facie ground for the proceedings. Costs should be 'costs in the cause' as the circumstances do not warrant an order that the parties bear their own costs or a differential order between defendants.

Jurisdiction
Australia
Judgment Date
20 June 2022
Procedural Posture
Civil / Application for Leave to Commence Proceedings Under Felons (civil Proceedings) Act 1981 (nsw)
Outcome
Leave to commence proceedings granted nunc pro tunc; costs in the cause.
Legal Topics
['felons (civil Proceedings) Act' 'leave to Commence Proceedings' 'sexual Abuse Claims' 'costs']
['civil Procedure'] ['felons (civil Proceedings) Act' 'leave to Commence Proceedings' 'sexual Abuse Claims' 'costs']

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Procedural Posture

Civil / Application for Leave to Commence Proceedings Under Felons (civil Proceedings) Act 1981 (nsw)

Legal Issues

  1. 1 ['Whether leave should be granted to commence proceedings under ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW)' 'Whether proceedings are not an abuse of process and if there is a prima facie ground for the proceedings' 'How costs should be allocated']

Ratio Decidendi

Leave should be granted nunc pro tunc as the plaintiff's proceedings are not an abuse of process and there is a prima facie ground for the proceedings. Costs should be 'costs in the cause' as the circumstances do not warrant an order that the parties bear their own costs or a differential order between defendants.

Court Disposition

Leave to commence proceedings granted nunc pro tunc; costs in the cause.

Orders

  • ['Leave granted to the plaintiff to institute proceedings against the defendants nunc pro tunc pursuant to ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW).' 'Costs be costs in the cause.']