GLJ v. The Trustees of the Roman Catholic Church for the Diocese of Lismore

Lower Court Judgment

01/06/2022 Supreme Court of New South Wales (Macfarlan, Brereton and Mitchelmore JJA)

[2022] NSWCA 78

Catchwords

Civil procedure – Stay of proceedings – Fair trial – Civil Procedure Act 2005 (NSW), s 67 Abuse of process – Where appellant claims to have been sexually assaulted by priest of Roman Catholic Diocese of Lismore – Where appellant instituted proceedings on 31 January 2020 against respondent, a statutory corporation, on bases of negligence and vicarious liability – Where priest died in 1996 – Where primary judge satisfied material showed that there likely to be evidence available allowing fair trial between parties – Where respondent sought permanent stay of proceedings – Where primary judge refused stay, but decision reversed by Court of Appeal – Where Court of Appeal considered fair trial could not be had in circumstances where priest unavailable to give factual instructions and respondent had not been notified of claims before priest's death – Whether proceedings ought to be stayed on basis that fair trial could no longer be had such that proceedings an abuse of process.