OCM v the Trustees of the Christian Brothers [2018] NSWSC 657

OCM v the Trustees of the Christian Brothers [2018] NSWSC 657

The risk of inconsistent verdicts, duplicated evidence and trauma to plaintiffs outweighs the jurisdictional limit argument; therefore, it is not in the interests of justice to transfer the proceedings to the District Court.

Parties
Plaintiff: OCM; Defendant 1: Trustees of the Christian Brothers; Defendant 2: The Trustee of the Christian Brothers as Executor of the Estate of the Late James Anthanasius McGlade; Defendant 3: Trustees of the Christian Brothers as Executor of the Estate of the Late Francis Barnabas Garvan; Defendant 4: Neil Richards
Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Civil / Interlocutory Application (notice of Motion Regarding Transfer to District Court)
Outcome
Notice of Motion dismissed; each party to pay own costs; proceedings referred to mediation; mediation to occur before 31 August 2018; liberty to apply for directions; listing for further directions on 21 September 2018.
Legal Topics
Application to Transfer Proceedings, Jurisdictional Limit, Risk of Inconsistent Verdicts, Mediation, Sexual Abuse Claim, Corporal Punishment and Limitation Period
Civil Procedure Limitation of Actions Application to Transfer Proceedings Jurisdictional Limit Risk of Inconsistent Verdicts Mediation Sexual Abuse Claim Corporal Punishment and Limitation Period

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Parties

OCM

Plaintiff

Trustees of the Christian Brothers

Defendant 1

The Trustee of the Christian Brothers as Executor of the Estate of the Late James Anthanasius McGlade

Defendant 2

Trustees of the Christian Brothers as Executor of the Estate of the Late Francis Barnabas Garvan

Defendant 3

Neil Richards

Defendant 4

Procedural Posture

Civil / Interlocutory Application (notice of Motion Regarding Transfer to District Court)

Legal Issues

  1. 1 Whether proceedings should be transferred to the District Court
  2. 2 Whether corporal punishment claim is statute barred under Limitation Act 1969

Ratio Decidendi

The risk of inconsistent verdicts, duplicated evidence and trauma to plaintiffs outweighs the jurisdictional limit argument; therefore, it is not in the interests of justice to transfer the proceedings to the District Court.

Court Disposition

Notice of Motion dismissed; each party to pay own costs; proceedings referred to mediation; mediation to occur before 31 August 2018; liberty to apply for directions; listing for further directions on 21 September 2018.

Orders

  • Order that the Notice of Motion filed 16 April 2018 be dismissed.
  • Order each party to pay their own costs of the Motion.