Kady v The Trustees of the Roman Catholic Church for the Archdiocese of Sydney

The applicant, Kady, sought leave to appeal against a decision of the Supreme Court of New South Wales that dismissed her claim for damages against the Trustees of the Roman Catholic Church for the Archdiocese of Sydney. The claim arose from alleged sexual abuse suffered by the applicant during her childhood at a school conducted by the respondent.

The primary legal issue before the Court of Appeal was whether the applicant's claim was barred by the relevant statute of limitations. Specifically, the court had to determine whether the limitation period for actions for personal injury, which commenced upon the accrual of the cause of action, had expired before the proceedings were instituted. This involved considering the application of the Limitation Act 1969 (NSW) to claims involving childhood sexual abuse, particularly in light of the discovery principle and the concept of a "reasonable discoverability" of the cause of action.

The Court of Appeal, applying established principles of statutory interpretation and case law concerning limitation periods, found that the applicant's cause of action accrued at the time of the alleged abuse. The court held that the Limitation Act 1969 (NSW) did not provide for an extension of the limitation period based on the applicant's age or the delayed discovery of the full extent of her injuries, absent specific legislative amendment. The court noted that while the law had evolved in this area, the legislation in force at the time of the applicant's claim did not permit the equitable considerations that might otherwise have been relevant.

Leave to appeal was refused.