Magann v The Trustees of the Roman Catholic Church for the Diocese of Parramatta

The appeal concerned a deed of settlement and release signed by the appellant, releasing the respondents, the Trustees of the Roman Catholic Church for the Diocese of Parramatta, from liability concerning alleged historical child sexual abuse. The primary judge had determined a separate question finding that the deed extinguished the respondents' liability. The appellant sought to challenge this finding on appeal.

The Court of Appeal was required to determine whether the primary judge erred in finding that the deed extinguished the respondents' liability, and whether the primary judge erred in not holding that the deed was unjust within the meaning of the *Contracts Review Act 1980* (NSW). Further, the court had to consider whether the primary judge erred in not holding that the respondents had taken advantage of the appellant's special disadvantage, namely post-traumatic stress disorder, constituting unconscionable conduct. The appeal also raised procedural issues regarding the appellant's obligation to comply with UCPR r 51.36(2) when challenging primary findings of fact.

The Court of Appeal dismissed the appeal. The court held that the primary judge had not erred in determining that the deed extinguished liability, nor in finding that the deed was not unjust under the *Contracts Review Act 1980* (NSW). The court also found no error in the primary judge's assessment of unconscionable conduct, concluding that the respondents had not taken unconscionable advantage of the appellant's post-traumatic stress disorder. The court emphasised the need for appellants challenging factual findings to provide precise and accurate references to the evidentiary record, as required by the Uniform Civil Procedure Rules.

The appeal was dismissed with costs.