Lazar v State of New South Wales

The case of Lazar v State of New South Wales involved a claim by the plaintiff, Lazar, against the defendant, the State of New South Wales. The plaintiff sought damages for sexual abuse that he had suffered at the hands of a teacher during his time at a state-run school. The matter was heard in the Supreme Court of New South Wales. The plaintiff's claim was initially hindered by the provisions of the Felons (Civil Proceedings) Act 1981 (NSW), which prevented individuals convicted of serious criminal offences from instituting proceedings against the State. The court was required to decide whether to grant leave to the plaintiff to commence proceedings under the Act.

The primary legal issue before the court was whether the plaintiff, having been convicted of serious criminal offences, was entitled to leave to institute civil proceedings against the State. The court considered the provisions of the Felons (Civil Proceedings) Act 1981 (NSW) and the relevant case law concerning leave to commence proceedings against the State. The court also examined the nature of the plaintiff's claim and the circumstances of the alleged abuse. In granting leave nunc pro tunc, the court found that the plaintiff's claim was not barred by his criminal convictions, and that it was in the interests of justice for the matter to proceed.

The court's reasoning was grounded in the recognition that the Felons (Civil Proceedings) Act 1981 (NSW) was not intended to prevent victims of abuse from seeking redress. The court held that the plaintiff's claim for damages related to the sexual abuse he had suffered, a matter of significant public importance, and that the potential for injustice in preventing such claims outweighed the policy considerations underlying the Act. The court further noted that the plaintiff's criminal convictions were not directly related to the events giving rise to his claim. In granting leave nunc pro tunc, the court also ordered that the plaintiff's costs be paid by the defendant.