TT v The Diocese of Saint Maron Sydney & SS [2023] NSWSC 958

TT v The Diocese of Saint Maron Sydney & SS [2023] NSWSC 958

Leave is granted to the plaintiff to pursue a domestic care claim because the claim is genuine and substantial and would result in significant injustice if not allowed, despite the plaintiff's legal representatives' delay; an adjournment is required to avoid prejudice to the defendants.

Jurisdiction
Australia
Judgment Date
15 August 2023
Procedural Posture
Civil Procedure / Interlocutory Motion; Procedural Ruling
Outcome
Leave granted to the plaintiff to pursue a domestic care claim, subject to further orders relating to an adjournment.
Legal Topics
['notice of Motion' 'expert Reports' 'economic Loss' 'domestic Assistance' 'suppression Orders']
['civil Procedure'] ['notice of Motion' 'expert Reports' 'economic Loss' 'domestic Assistance' 'suppression Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Procedure / Interlocutory Motion; Procedural Ruling

Legal Issues

  1. 1 ['Whether the plaintiff should be allowed to pursue a domestic care claim given delay in particularising the claim' 'Whether leave should be granted to obtain expert reports concerning economic loss and domestic assistance' 'Whether suppression orders should be made regarding the identity of the plaintiff']

Ratio Decidendi

Leave is granted to the plaintiff to pursue a domestic care claim because the claim is genuine and substantial and would result in significant injustice if not allowed, despite the plaintiff's legal representatives' delay; an adjournment is required to avoid prejudice to the defendants.

Court Disposition

Leave granted to the plaintiff to pursue a domestic care claim, subject to further orders relating to an adjournment.

Orders

  • ["Suppression of the plaintiff's name and identity-related information until further order throughout the Commonwealth of Australia." 'Proceedings to be known as TT v The Diocese of Saint Maron, Sydney & SS.' 'Plaintiff to pay costs thrown away by the adjournment, but not forthwith.']