Gibson v State of New South Wales

The matter before the court was an application by the plaintiff for leave to commence proceedings against the defendant, the State of New South Wales, for damages arising from sexual abuse that occurred during her time as a student at a public school. The plaintiff had previously been unable to sue the state due to the operation of the Felons (Civil Proceedings) Act 1981 (NSW). The plaintiff sought leave nunc pro tunc to commence proceedings against the state, as well as an order for costs.

The primary legal issue was whether the court had the jurisdiction to grant the plaintiff leave to sue the state nunc pro tunc, given the legislative barriers that had previously prevented her from doing so. The court was also required to consider whether the plaintiff's claim was statute-barred and whether the plaintiff was entitled to an order for costs.

The court found that it did have the jurisdiction to grant the plaintiff leave to sue the state nunc pro tunc, as the legislative barriers that had previously prevented her from doing so were no longer in force. The court also found that the plaintiff's claim was not statute-barred, as the relevant limitation period had been tolled during the time that the plaintiff was unable to sue the state. Finally, the court found that the plaintiff was entitled to an order for costs, as the defendant had acted unreasonably in failing to respond to the plaintiff's application for leave to sue. The court therefore granted the plaintiff leave to sue the state nunc pro tunc, and ordered the defendant to pay the plaintiff's costs.