TT v The Diocese of Saint Maron, Sydney & SS (No 2) [2023] NSWSC 976

TT v The Diocese of Saint Maron, Sydney & SS (No 2) [2023] NSWSC 976

The plaintiff's revised tendency evidence shows a consistent pattern of allegedly flirtatious and sexually suggestive behaviour by the second defendant towards male persons associated with the Church, supporting the material facts in issue beyond the specific event in October 2005. This evidence possesses significant probative value and is admissible for tendency, while the tendency notice against the first defendant lacks a tendency aspect and is inadmissible.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Civil / Interlocutory Application Regarding Admissibility of Tendency Evidence
Outcome
Plaintiff allowed to adduce specified tendency evidence regarding the second defendant; not permitted to adduce tendency evidence against the first defendant regarding failure to act on complaints.
Legal Topics
['tendency Evidence' 'admissibility' 'sexual Misconduct' 'procedural Rulings']
['evidence' 'civil Procedure'] ['tendency Evidence' 'admissibility' 'sexual Misconduct' 'procedural Rulings']

Case Brief

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Procedural Posture

Civil / Interlocutory Application Regarding Admissibility of Tendency Evidence

Legal Issues

  1. 1 ["Whether the plaintiff may adduce tendency evidence relating to the second defendant's alleged sexually suggestive behaviour towards males" 'Whether the plaintiff may adduce tendency evidence that the first defendant did not act upon complaints about the second defendant']

Ratio Decidendi

The plaintiff's revised tendency evidence shows a consistent pattern of allegedly flirtatious and sexually suggestive behaviour by the second defendant towards male persons associated with the Church, supporting the material facts in issue beyond the specific event in October 2005. This evidence possesses significant probative value and is admissible for tendency, while the tendency notice against the first defendant lacks a tendency aspect and is inadmissible.

Court Disposition

Plaintiff allowed to adduce specified tendency evidence regarding the second defendant; not permitted to adduce tendency evidence against the first defendant regarding failure to act on complaints.

Orders

  • ["Plaintiff permitted to adduce evidence of Mr KN, Father KB, Mr GT, Mr KSC, and Mr HC as tendency evidence to establish four specified tendencies regarding the second defendant's behaviour." 'Order without prejudice to defendants objecting for reasons other than tendency.' 'Plaintiff not permitted to adduce...