Robinson v The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle

The plaintiff, Robinson, sought to commence proceedings against the Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle, alleging he was sexually assaulted by a priest at a school he attended. At the time the proceedings were commenced, Robinson was in custody for serious indictable offences. The defendants sought to stay the proceedings on the basis that leave to commence action had not been sought and granted. The court was required to decide whether leave should be granted for the plaintiff to commence proceedings, considering his incarceration and the allegations made.

The court found that the plaintiff's allegations were serious and warranted investigation. Despite the plaintiff's incarceration, the court recognised the importance of allowing individuals to pursue legal remedies, even when in custody. The court noted that the plaintiff had made a prima facie case for the alleged sexual assault and that there was no evidence suggesting that the plaintiff would be unable to participate in the proceedings effectively due to his incarceration. The court held that the plaintiff should be granted leave to commence the action, emphasising the importance of ensuring that individuals in custody have access to the legal system.

Accordingly, the court granted the plaintiff leave to commence the proceedings against the defendants. The defendants' application to stay the proceedings was dismissed. The court directed that the plaintiff's application for leave to serve the defendants out of the jurisdiction be determined within 28 days of the granting of leave to commence proceedings. The court acknowledged the potential difficulties faced by the plaintiff in serving the defendants but found that the plaintiff had made a sufficient showing to warrant the grant of leave.