AA v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054

The applicant, AA, sought to appeal a decision of the Full Court of the Federal Court of Australia concerning a claim brought against the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle. The dispute arose from allegations of child sexual abuse. The primary issue before the High Court was whether the applicant's claim was barred by the operation of section 109 of the *Limitation Act 1969* (NSW), which provides that a cause of action is not maintainable if it is barred by the provisions of that Act.

The central legal question for the High Court was the proper interpretation and application of section 109 of the *Limitation Act 1969* (NSW) in the context of a claim for damages for personal injury arising from child sexual abuse. Specifically, the Court had to determine whether the applicant's claim, which was brought more than six years after the applicant attained the age of 18, was maintainable notwithstanding the limitation period prescribed by the Act. This involved considering the interplay between the general limitation period and any exceptions or specific provisions that might apply to such claims.

Gageler CJ, delivering the judgment of the High Court, held that section 109 of the *Limitation Act 1969* (NSW) did not operate to bar the applicant's cause of action. His Honour reasoned that the provision, when read in conjunction with other relevant sections of the Act, did not extinguish the cause of action itself but rather rendered it unenforceable after the expiry of the limitation period. Crucially, Gageler CJ found that the applicant's claim was not barred because the relevant provisions of the *Limitation Act 1969* (NSW) did not apply to the circumstances of the case in a way that would prevent the action from being maintainable. The appeal was accordingly allowed.