Barsley v Trustees of the Roman Catholic Church trading as Diocese of Maitland-Newcastle

In the Supreme Court of New South Wales, Barsley sought leave to commence proceedings against the Trustees of the Roman Catholic Church trading as the Diocese of Maitland-Newcastle. The claim was for damages resulting from sexual abuse suffered by the plaintiff during his time as a boarder at St Joseph's Catholic School in Adamstown. The Felons (Civil Proceedings) Act 1981 (NSW) barred the action due to the limitation period having expired, and the plaintiff applied for leave to commence the action nunc pro tunc, as well as for an extension of time to serve the statement of claim.

The primary legal issue before the court was whether the plaintiff's application for leave to commence proceedings nunc pro tunc should be granted, considering the statutory time limitations under the Felons (Civil Proceedings) Act 1981 (NSW). The court considered whether there were grounds for excusing the non-compliance with the limitation period and whether it was just and equitable to permit the action to proceed. Factors such as the delay in bringing the claim, the plaintiff's ability to establish a case, and the potential prejudice to the defendants were examined.

The court held that it was just and equitable to grant leave for the plaintiff to commence the proceedings nunc pro tunc. The judge found that the plaintiff had demonstrated a sufficiently strong case and that the delay in bringing the claim was not entirely attributable to the plaintiff. The court acknowledged the serious nature of the allegations and the importance of allowing the plaintiff the opportunity to seek justice for the abuse suffered. The judge also ordered that the plaintiff's application for an extension of time to serve the statement of claim was granted, and costs were awarded in favour of the plaintiff.