GP1 v State of New South Wales [2023] NSWSC 1042

GP1 v State of New South Wales [2023] NSWSC 1042

Leave was granted because the Court was satisfied, from the pleading, the alleged perpetrator's convictions with respect to some identified complainants for the kind of conduct pleaded or similar conduct, the announced Inquiry under s 82 of the Government Sector Employment Act 2013, and the existence of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 August 2023
Procedural Posture
Representative Proceedings / Notice of Motion Dated 30 June 2023 Seeking Leave Nunc Pro Tunc to Commence and Maintain Proceedings
Outcome
Leave nunc pro tunc granted to the plaintiff to institute and maintain the proceedings on her own behalf and on behalf of the group defined in the Statement of Claim; Notice of Motion otherwise dismissed.
Legal Topics
['commencement of Proceedings' 'leave to Commence Action' 'felons (civil Proceedings) Act 1981' 'representative Proceedings']
['civil Procedure'] ['commencement of Proceedings' 'leave to Commence Action' 'felons (civil Proceedings) Act 1981' 'representative Proceedings']

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Procedural Posture

Representative Proceedings / Notice of Motion Dated 30 June 2023 Seeking Leave Nunc Pro Tunc to Commence and Maintain Proceedings

Legal Issues

  1. 1 ['Whether leave nunc pro tunc should be granted under s 5 of the Felons (Civil Proceedings) Act 1981 to commence and maintain the proceedings.' 'Whether the proceedings are not an abuse of process and have a prima facie ground.' 'Whether leave should extend to the plaintiff bringing the proceedings on her own behalf and on behalf of the group defined in the Statement of Claim.']

Ratio Decidendi

Leave was granted because the Court was satisfied, from the pleading, the alleged perpetrator's convictions with respect to some identified complainants for the kind of conduct pleaded or similar conduct, the announced Inquiry under s 82 of the Government Sector Employment Act 2013, and the existence of approximately 50 potential group members, that there was a prima facie ground for the proceedings and that they were not an abuse of process.

Court Disposition

Leave nunc pro tunc granted to the plaintiff to institute and maintain the proceedings on her own behalf and on behalf of the group defined in the Statement of Claim; Notice of Motion otherwise dismissed.

Orders

  • ['Grant leave nunc pro tunc to the plaintiff to institute and maintain these proceedings on her own behalf and on behalf of the group defined in the Statement of Claim.' 'Otherwise dismiss the Notice of Motion dated 30 June 2023.']