PAO v Trustees of the Roman Catholic Church for the Archdiocese of Sydney

In this case, PAO brought proceedings against the Trustees of the Roman Catholic Church for the Archdiocese of Sydney, alleging historical child abuse. The dispute centred on whether the Plaintiffs had an arguable claim against the Defendant and if the Court should strike out certain parts of the statement of claim. The matter was heard in the Supreme Court of New South Wales.

The legal issues the Court had to decide included whether the Plaintiffs had an arguable claim against the Defendant and whether it was appropriate to strike out parts of the statement of claim under UCPR 13.4(1) and 14.28(1). The Court also considered whether the principle in Wickstead and Ors v Browne applied in this case.

The Court found that the Plaintiffs had no arguable claim against the Defendant, as there was no evidence to establish their case against the Defendant. Furthermore, the Court determined that such evidence was unlikely to be available in the future. The Court exercised its discretion under UCPR 13.4(1) and 14.28(1) to strike out parts of the statement of claim, concluding that the principle in Wickstead and Ors v Browne was applicable. The Court held that the nature of the appeal from Associate Justice to a single Judge was not a retrial but rather an exercise of discretion on the wrong basis.

The Court made orders striking out certain parts of the Plaintiffs' statement of claim and dismissing the Plaintiffs' appeal.