DBT v Sydney Catholic School Ltd as Trustee for the Sydney Catholic Schools Trust & Anor [2022] NSWSC 890

DBT v Sydney Catholic School Ltd as Trustee for the Sydney Catholic Schools Trust & Anor [2022] NSWSC 890

Because DBT was in custody serving a sentence for murder, ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW) applied. The proposed statement of claim set out sufficiently detailed allegations and bases of liability, and the Court was satisfied that there were prima facie grounds for the proceedings and that they were not on their face an abuse of process. Leave was therefore granted.

Jurisdiction
Australia
Judgment Date
14 June 2022
Procedural Posture
Application for Leave to Institute Civil Proceedings Pursuant to Ss 4 and 5 of the Felons (civil Proceedings) Act 1981 (nsw) / Before Commencement of Proceedings
Outcome
Leave granted to commence civil proceedings; costs of the notice of motion to be costs in the cause.
Legal Topics
['leave to Commence Proceedings' 'felons (civil Proceedings) Act 1981 (nsw)' 'person in Custody' 'alleged Child Sexual Abuse' 'vicarious Liability']
['civil Procedure'] ['leave to Commence Proceedings' 'felons (civil Proceedings) Act 1981 (nsw)' 'person in Custody' 'alleged Child Sexual Abuse' 'vicarious Liability']

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Procedural Posture

Application for Leave to Institute Civil Proceedings Pursuant to Ss 4 and 5 of the Felons (civil Proceedings) Act 1981 (nsw) / Before Commencement of Proceedings

Legal Issues

  1. 1 ['Whether DBT, being in custody because of a conviction for a serious indictable offence, should be granted leave to commence civil proceedings.' 'Whether the proposed proceedings are not an abuse of process and have prima facie grounds.']

Ratio Decidendi

Because DBT was in custody serving a sentence for murder, ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW) applied. The proposed statement of claim set out sufficiently detailed allegations and bases of liability, and the Court was satisfied that there were prima facie grounds for the proceedings and that they were not on their face an abuse of process. Leave was therefore granted.

Court Disposition

Leave granted to commence civil proceedings; costs of the notice of motion to be costs in the cause.

Orders

  • ['Pursuant to ss 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW), DBT is granted leave to commence his civil proceedings in the Supreme Court of New South Wales.' 'The costs of the notice of motion will be costs in the cause.']