OCM v The Trustees of the Christian Brothers [2017] NSWSC 854

OCM v The Trustees of the Christian Brothers [2017] NSWSC 854

The plaintiff's residence overseas, psychiatric state and difficulties in obtaining instructions and arranging medical examination did not excuse compliance with obligations under s 56 of the Civil Procedure Act 2005. To permit a fair trial as soon as reasonably practicable in a claim concerning events decades earlier, orders requiring service of evidence, attendance for joint psychiatric examination, suppression of identity, amendment and discontinuance-related steps were necessary to facilitate the overriding purpose.

Jurisdiction
Australia
Judgment Date
22 June 2017
Procedural Posture
Claim for Damages Arising Out of Alleged Sexual Abuse / Procedural Directions and Other Orders
Outcome
Procedural orders made.
Legal Topics
['overriding Purpose' 'evidentiary Statement' 'expert Evidence' 'suppression and Non Publication Orders' 'amendment of Statement of Claim' 'discontinuance']
['civil Procedure'] ['overriding Purpose' 'evidentiary Statement' 'expert Evidence' 'suppression and Non Publication Orders' 'amendment of Statement of Claim' 'discontinuance']

Case Brief

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Procedural Posture

Claim for Damages Arising Out of Alleged Sexual Abuse / Procedural Directions and Other Orders

Legal Issues

  1. 1 ['Whether orders should be made to facilitate the just, quick and cheap resolution of the real issues in the proceedings.' 'Whether the plaintiff should be required to serve an evidentiary statement and expert evidence and attend a joint psychiatric examination.' "Whether the plaintiff's name and identity should be suppressed." "Whether the name of the proceedings and the third defendant's name on the statement of claim should be changed." 'Whether leave nunc pro tunc should be given to file a notice of discontinuance.']

Ratio Decidendi

The plaintiff's residence overseas, psychiatric state and difficulties in obtaining instructions and arranging medical examination did not excuse compliance with obligations under s 56 of the Civil Procedure Act 2005. To permit a fair trial as soon as reasonably practicable in a claim concerning events decades earlier, orders requiring service of evidence, attendance for joint psychiatric examination, suppression of identity, amendment and discontinuance-related steps were necessary to facilitate the overriding purpose.

Court Disposition

Procedural orders made.

Orders

  • ['Order that the plaintiff is to serve on each other party an evidentiary statement setting out all of the evidence which he intends to give at any trial, on or before 4pm, 15 September 2017.' 'Order the plaintiff to serve on each other party any expert evidence upon which he proposes to rely on or before 4pm, 28...