KQG v Trustees of the Marist Brothers [2018] NSWSC 1013

The paragraphs of the statement of claim concerning wide practices and knowledge of child sexual abuse at Marist Brothers schools were struck out for being too wide and embarrassing, and are to be repleaded in a narrower form confined to incidents and knowledge relevant to the school and the implicated individuals.

Jurisdiction: Australia
Judgment Date: 05 July 2018
Procedural Posture: Civil / Interlocutory Strike Out Motion
Outcome: Strike out application allowed in part
Legal Topics: ['duty of Care' 'pleadings' 'strike Out Applications' 'child Sexual Abuse' 'school Liability']

['tort Law' 'civil Procedure'] ['duty of Care' 'pleadings' 'strike Out Applications' 'child Sexual Abuse' 'school Liability']

Case Brief

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Procedural Posture

Civil / Interlocutory Strike Out Motion

Legal Issues

1 ['Whether the disputed paragraphs in the further amended statement of claim are too wide and embarrassing to remain' 'What is the proper scope for pleadings relating to knowledge and practices concerning child sexual abuse at Marist Brothers schools']

Ratio Decidendi

Court Disposition

Strike out application allowed in part

Orders

['Paragraphs 42, 43, 51, 55, 62(j), (l), (n) and (dd), 88 and 89 of the further amended statement of claim are struck out.' 'The plaintiff is to forward a second further amended statement of claim to the defendants by 25 July 2018.' 'Costs are reserved.']