Full Court Minute Books

Case P7/2023

RC v. The Salvation Army (Western Australia) Property Trust

Case No.

Case no P7/2023

Case Information

Lower Court Judgment

17/02/2023 Supreme Court of Western Australia (Court of Appeal) (Murphy and Vaughan JJA, Bleby AJA)

[2023] WASCA 29

Catchwords

Civil procedure – Permanent stay of proceedings – Prejudice – Where appellant claimed damages with respect to loss and damage suffered as result of sexual abuse by Salvation Army Officer between August 1959 and April 1960, when appellant aged 12 and 13 years old, while in care of respondent – Where Salvation Army Officer died in 2006, eight years before respondent first became aware appellant alleged sexual abuse – Where another key witness died in 1968 – Where respondent applied for permanent stay of proceedings – Where primary judge granted permanent stay – Where appellant unsuccessfully appealed to Court of Appeal – Whether Court of Appeal erred in concluding open to primary judge to grant permanent stay of appellant's action against respondent – Whether Court of Appeal erred in upholding finding of prejudice.

Documents*

16/03/2023 Application for special leave to appeal

08/02/2024 Determination

14/03/2024 Written submissions (Applicant)

14/03/2024 Chronology (Applicant)

04/04/2024 Written submissions (Respondent)

15/04/2024 Reply

*The due dates shown for documents on this page are indicative only.