Gregory Peters v Darren Gough

Gregory Peters brought an action against Darren Gough for injurious falsehood, following the circulation of emails by Gough to board members alleging sexual misconduct by Peters. The allegations were made by Gough’s daughter. Gough applied to stay the proceedings on the basis that the same issues were being litigated in civil proceedings brought by the complainant against Peters. Gough argued that a stay was necessary to avoid the undesirability of the same evidence being given in both proceedings and that it would lead to a just, quick and cheap resolution of both proceedings.

The court considered the nature of the allegations, the relationship between the proceedings, and the potential for prejudice and duplication of evidence. It noted that the complainant’s proceedings were ongoing and that the evidence in Peters’ case would largely overlap with the evidence in the complainant’s case. The court held that there was sufficient similarity between the issues in the two proceedings to warrant a stay. The court also considered the desirability of having both matters resolved at the same time, to avoid the risk of inconsistent outcomes. However, the court found that the balance of convenience favoured allowing the proceedings to continue, as the complainant’s proceedings were not yet at a stage where a stay would be appropriate.

Accordingly, the court dismissed Gough’s application for a stay. The court held that while the issues in the two proceedings were similar, the balance of justice did not favour staying the proceedings brought by Peters. The court found that the risk of prejudice and duplication of evidence could be managed through appropriate case management directions. The court also noted that a stay would not necessarily lead to a quicker or cheaper resolution of both matters, as the complainant’s proceedings were still in their early stages.

No orders were made as a result of the dismissal of the application for a stay. The proceedings brought by Peters against Gough continued.