DEF v Trappett [2016] NSWSC 1698

DEF v Trappett [2016] NSWSC 1698

The Court lacked jurisdiction because the challenged assessment and the Archbishop's contemplated reliance on it did not involve the exercise of statutory or prerogative power, did not arise from a contractual relationship, did not affect church property or any proprietary right, did not impose a restraint of trade,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Common Law Proceedings Seeking Declaratory and Injunctive Relief Concerning a Church Assessment Under Towards Healing / Principal Judgment After Hearing
Outcome
Proceedings dismissed for want of jurisdiction.
Legal Topics
['jurisdiction to Intervene in Disciplinary Actions of Private Bodies' 'towards Healing Protocol' 'catholic Priest Accused of Sexual Abuse' 'procedural Fairness' 'reputation, Livelihood and Property Rights' 'non Publication Orders']
['civil Procedure' 'administrative Law' 'natural Justice' 'religious Associations' 'private Domestic Tribunals'] ['jurisdiction to Intervene in Disciplinary Actions of Private Bodies' 'towards Healing Protocol' 'catholic Priest Accused of Sexual Abuse' 'procedural Fairness' 'reputation, Livelihood and Property Rights' 'non Publication Orders']

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Procedural Posture

Common Law Proceedings Seeking Declaratory and Injunctive Relief Concerning a Church Assessment Under Towards Healing / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the Court had jurisdiction to hear the plaintiff's complaint about the Towards Healing assessment and the Assessors' Report." "Whether the plaintiff's relationship with the Archbishop, the Assessors or Towards Healing was contractual or involved proprietary rights, livelihood, trade or church property sufficient to make the dispute justiciable." "Whether potential damage to the plaintiff's reputation from dissemination of the Assessors' Report was sufficient to confer jurisdiction to review the process leading to the report." 'Whether the Court should consider alleged denials of natural justice in the assessment process if jurisdiction was absent.']

Ratio Decidendi

The Court lacked jurisdiction because the challenged assessment and the Archbishop's contemplated reliance on it did not involve the exercise of statutory or prerogative power, did not arise from a contractual relationship, did not affect church property or any proprietary right, did not impose a restraint of trade, and was not shown to jeopardise the plaintiff's financial emoluments or livelihood. Potential reputational damage from dissemination of the Assessors' Report was insufficient by itself to make the private church process justiciable; any such remedy lay in defamation rather than judicial review or analogous declaratory relief.

Court Disposition

Proceedings dismissed for want of jurisdiction.

Orders

  • ['The proceedings be dismissed;' 'The matter be listed for argument on costs at 9.30am on Friday, 16 December 2016;' 'On or before 4pm on 13 December 2016, the parties are to file and serve submissions on costs that are not to exceed three pages;' 'There be liberty to apply.']