S1 v The Trustees of Marist Brothers [2016] NSWSC 970

S1 v The Trustees of Marist Brothers [2016] NSWSC 970

The paragraphs of the plaintiff's amended statement of claim alleging knowledge by the defendants of sexual abuse across numerous schools and decades are far too wide and go beyond what is relevant or necessary to define the issues in the plaintiff's case. Except for certain limited allegations directly relating to the plaintiff's school and period, the pleading is embarrassing within the meaning of UCPR 14.28, likely to prejudice, delay, and obscure the real issues in the proceedings, and fails to properly particularise relevant material facts as to knowledge and breach of duty. The statement of claim should be struck out, with leave to replead.

Jurisdiction
Australia
Judgment Date
14 July 2016
Procedural Posture
Civil (personal Injury/negligence) / Interlocutory Application to Strike Out Parts of Amended Statement of Claim
Outcome
Statement of claim struck out; leave to replead granted; costs reserved.
Legal Topics
['strike Out Application' 'pleadings' 'negligence' 'vicarious Liability' 'duty of Care' 'sexual Assault in Schools']
['civil Procedure' 'tort Law'] ['strike Out Application' 'pleadings' 'negligence' 'vicarious Liability' 'duty of Care' 'sexual Assault in Schools']

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Procedural Posture

Civil (personal Injury/negligence) / Interlocutory Application to Strike Out Parts of Amended Statement of Claim

Legal Issues

  1. 1 ["Whether paragraphs of the amended statement of claim are embarrassing, an abuse of process, or otherwise liable to be struck out under UCPR 14.28; whether pleadings go beyond the proper scope required to define the issues relevant to the plaintiff's claimed injury at the school; relevance and sufficiency of particulars regarding knowledge and failures by defendants in Marist Brothers schools widely across Australia."]

Ratio Decidendi

The paragraphs of the plaintiff's amended statement of claim alleging knowledge by the defendants of sexual abuse across numerous schools and decades are far too wide and go beyond what is relevant or necessary to define the issues in the plaintiff's case. Except for certain limited allegations directly relating to the plaintiff's school and period, the pleading is embarrassing within the meaning of UCPR 14.28, likely to prejudice, delay, and obscure the real issues in the proceedings, and fails to properly particularise relevant material facts as to knowledge and breach of duty. The statement of claim should be struck out, with leave to replead.

Court Disposition

Statement of claim struck out; leave to replead granted; costs reserved.

Orders

  • ['The statement of claim is struck out.' 'The plaintiff is to file and serve an amended statement of claim that complies with paragraph [51] within 28 days.' 'Costs are reserved.']