M v G [2016] NSWDC 454

M v G [2016] NSWDC 454

The proceedings were not dismissed because it was at least arguable that the alleged conduct fell within the definition of child abuse or sexual abuse for the purposes of s 6A, and any limitation issue involving factual questions was not suitable for determination on this interlocutory motion. Because the status and likely timetable of possible criminal proceedings were uncertain, a short temporary stay was appropriate until that position could be clarified.

Jurisdiction
Australia
Judgment Date
18 October 2016
Procedural Posture
Civil Claim for Damages for Alleged Sexual Abuse / Interlocutory Motion by Defendant for Dismissal Under R 13.4 of the Uniform Civil Procedure Rules 2005 Or, Alternatively, a Stay Pending Criminal Proceedings
Outcome
Proceedings stayed until the new law term in 2017; motion otherwise dismissed; costs of the motion ordered to be costs in the cause.
Legal Topics
['stay of Proceedings' 'concurrent Civil and Criminal Proceedings' 'dismissal of Proceedings' 'limitation Period for Child Abuse Actions' 'sexual Abuse']
['civil Procedure' 'limitation of Actions' 'personal Injury' 'child Abuse'] ['stay of Proceedings' 'concurrent Civil and Criminal Proceedings' 'dismissal of Proceedings' 'limitation Period for Child Abuse Actions' 'sexual Abuse']

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Procedural Posture

Civil Claim for Damages for Alleged Sexual Abuse / Interlocutory Motion by Defendant for Dismissal Under R 13.4 of the Uniform Civil Procedure Rules 2005 Or, Alternatively, a Stay Pending Criminal Proceedings

Legal Issues

  1. 1 ['Whether the proceedings should be dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005 on the basis that they do not fall within s 6A of the Limitation Amendment (Child Abuse) Act 2016 (NSW) and are statute-barred.' 'Whether alleged conduct involving a 16-year-old schoolgirl is at least arguably within the meaning of child abuse or sexual abuse for the purposes of s 6A.' 'Whether pending criminal proceedings warranted a temporary stay of the civil proceedings.' 'Whether costs of the motion should be ordered in favour of either party or be costs in the cause.']

Ratio Decidendi

The proceedings were not dismissed because it was at least arguable that the alleged conduct fell within the definition of child abuse or sexual abuse for the purposes of s 6A, and any limitation issue involving factual questions was not suitable for determination on this interlocutory motion. Because the status and likely timetable of possible criminal proceedings were uncertain, a short temporary stay was appropriate until that position could be clarified.

Court Disposition

Proceedings stayed until the new law term in 2017; motion otherwise dismissed; costs of the motion ordered to be costs in the cause.

Orders

  • ['Stay the proceedings until the new law term in 2017.' 'List the proceedings for directions on Monday, 6 February 2017 at 10am before the Judicial Registrar, those directions to be informed by any material indicating the current state of any criminal proceedings against the defendant in respect of the matters the...