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.