Matthews v State of New South Wales

Matthews commenced proceedings against the State of New South Wales, alleging that he was sexually abused while held on remand at a juvenile justice centre. Matthews, who was serving a sentence for a serious indictable offence, commenced the proceedings without seeking leave from the court. The State sought to have the proceedings dismissed on the basis that Matthews had not obtained leave as required by statute.

The court was required to determine whether the proceedings could continue given that leave had not been sought prior to the commencement of the action. The central issue was whether the statutory requirement for leave applied to Matthews, and if so, whether the court could exercise its discretion to allow the proceedings to continue despite the failure to seek leave before the action was commenced.

The court held that the statutory requirement for leave did apply to Matthews as he was serving a sentence for a serious indictable offence. However, the court exercised its discretion to allow the proceedings to continue. The court found that Matthews had made out a prima facie case for relief and that there were no compelling reasons to dismiss the proceedings. The court noted that the allegations, if proven, amounted to a serious violation of Matthews' rights and warranted further investigation. The court also found that Matthews had acted promptly in bringing the matter before the court and that there was no indication that he had sought to delay or frustrate the proceedings.

Accordingly, the court granted Matthews leave to continue with the proceedings against the State of New South Wales.