Lloyd v State of New South Wales

[2022] NSWSC 290

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Lloyd v State of New South Wales [2022] NSWSC 290

Hearing dates:

7 March 2022

Date of orders:

7 March 2022

Decision date:

07 March 2022

Jurisdiction:

Common Law

Before:

Walton J

Decision:

(1) The plaintiff is granted leave nunc pro tunc pursuant to sections 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW) to commence proceedings by statement of claim filed on 19 October 2021.

(2) By consent, each party to pay their own costs.

Catchwords:

CIVIL PROCEEDINGS – Felons (Civil Proceedings) Act 1981 – leave to commence proceedings

Legislation Cited:

Felons (Civil Proceedings) Act 1981 (NSW)

Category:

Procedural rulings

Parties:

Kris Lloyd (Plaintiff)
State of New South Wales (Defendant)

Representation:

Counsel:
T Meakes (Plaintiff)
J Grace (Defendant)

Solicitors:
Beston McManis Lawyers (Plaintiff)
Wotton + Kearney (Defendant)

File Number(s):

2021/296596

Judgment

1. By notice of motion filed on 18 February 2022, Kris Lloyd (“the plaintiff”) seeks an order for leave to proceed under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) (“the Act”). That application is supported by an affidavit of his solicitor, John McManis, sworn on 15 February 2022. The defendant to the proceedings is the State of New South Wales which appears by leave pursuant to s 7 of the Act. The State of New South Wales consents to the motion.

2. In the circumstances, my reasons for judgment may be shortly stated.

3. The plaintiff is a person who was convicted of a serious indictable offence, namely specially aggravated enter a building, and presently serves a term of imprisonment at the Hunter Correctional Centre, New South Wales. He serves a head sentence of eight years and a non-parole period of five years.

4. The action which he wishes to bring in proceedings by statement of claim filed on 19 October 2021 concerns allegations of historical sexual abuse whilst the plaintiff was incarcerated in 2003 as a young person at the Riverina Youth Justice Centre at Wagga Wagga in New South Wales. It is pleaded that, whilst the plaintiff was in custody at that institution, he was the victim of serious psychological, physical and sexual abuse and suffered trauma as a result. He provides particulars of the abuse, of vicarious liability and of injuries and disabilities suffered.

5. It appears to me, in all the circumstances, that there is a proper basis to grant leave to bring the statement of claim.

6. The orders of the Court are:

1. The plaintiff is granted leave nunc pro tunc pursuant to ss 4 and 5 of the Act, to commence proceedings by statement of claim filed 19 October 2021.

2. By consent of the parties, each party shall pay their own costs.

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Amendments

17 March 2022 - Plaintiff's first name removed from Case Name on cover sheet

Decision last updated: 17 March 2022