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RC v The Salvation Army (Western Australia) Property Trust

[2024] HCA 43
Case number
P7/2023
Before
Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJ
Catchwords

Courts – Abuse of process – Permanent stay of proceedings – Where claim for damages for personal injury for alleged sexual abuse occurring in 1959 and 1960 – Where no limitation period in respect of child sexual abuse actions under s 6A of Limitation Act 2005 (WA) – Where deaths of alleged perpetrator and other potential witnesses – Where absence of documentary evidence – Whether trial necessarily unfair – Whether continuation of proceedings an abuse of process justifying permanent stay.

Words and phrases – "abuse of process", "child sexual abuse", "exceptional circumstances", "fair trial", "limitation period", "non-delegable duty", "permanent stay", "prejudice", "unfairness".

Limitation Act 2005 (WA) – s 6A.

Files
43.docx (139.87 KB)
43.pdf (302.53 KB)