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

[2024] NSWSC 463

Supreme Court

New South Wales

Medium Neutral Citation:

Skeers v The Trustees of The Roman Catholic Church for the Diocese of Newcastle-Maitland [2024] NSWSC 463

Hearing dates:

17 April 2024

Date of orders:

17 April 2024

Decision date:

17 April 2024

Jurisdiction:

Common Law

Before:

Hamill J

Decision:

(1) The plaintiff is granted leave to institute proceedings nunc pro tunc pursuant to section 4 of the Felons (Civil Proceedings) Act 1981 (NSW).

(2) Costs in the cause.

Catchwords:

CIVIL PROCEDURE – commencement of proceedings – leave to commence action – Felons (Civil Proceedings) Act 1981 (NSW) – allegations of sexual abuse against a priest – post-traumatic stress disorder – leave granted – no question of principle

Legislation Cited:

Felons (Civil Proceedings) Act 1981 (NSW), ss 4-5

Category:

Procedural rulings

Parties:

Jordan Edward Skeers (Plaintiff)
The Trustees of the Roman Catholic Church for the Diocese of Newcastle-Maitland (Defendant)

Representation:

Counsel:
B Williams (Plaintiff)

Solicitors:
JORLaw (Plaintiff)
Makinson d’Apice (Defendant)

File Number(s):

2024/00057636

ex tempore JUDGMENT

1. By notice of motion filed on 8 April 2024, the plaintiff seeks leave under section 4 of the Felons (Civil Proceedings) Act 1981 (NSW) (“Felons Act”), to commence proceedings against the Trustees of the Roman Catholic Church for the Diocese of Newcastle-Maitland. Leave is sought retrospectively, because the statement of claim was filed back on 14 February 2024. There is authority to support the validity of making such an order. The notice of motion was supported by an affidavit of the plaintiff’s solicitor, which annexed the plaintiff’s statement, his custodial and criminal histories, and a report of Dr Zeeva Cohen, a psychiatrist.

2. From the criminal and custodial history, I am satisfied that the plaintiff was in custody at the time of the proceedings being commenced and was serving a sentence for a serious indictable offence, namely dishonestly obtaining property by deception. There may also have been other serious indictable offences, which I’ll call, using the vernacular, “joyriding” in someone else’s car. Accordingly, by section 4 of the Felons Act, the plaintiff requires leave to commence proceedings. Section 5 of the Felons Act provides that leave must not be granted unless the Court is satisfied that proceedings are not an abuse of process, and that there are reasonable grounds for the suit.

3. The plaintiff’s statement of claim sets out the allegations he makes against a priest at the Holy Cross Primary School in Glendale. He says that he was subject to sexual abuse when he was in year 4 at school. The alleged abuse was not reported in a timely fashion, but there are aspects of the plaintiff's account which, again to use the vernacular, “ring true”. For example, he describes the smell of the perpetrator and his response to the incident. His account of the particular incidents contains some significant detail. The statement also sets out the impact of the abuse on the plaintiff, both immediately after the event and in the years that followed. Dr Cohen’s report provides more detail of the psychological impact of the abuse, and the doctor diagnosed the plaintiff as suffering post-traumatic stress disorder, which, in her opinion, was caused by the childhood sexual abuse.

4. Based on that material, I am satisfied that the proceedings do not constitute an abuse of process, and that there are grounds for the bringing of the proceedings. I note the defendant properly and sensibly takes no position on the motion, simply indicating it was “a matter for the Court”.

5. Accordingly, I make the following orders:

1. The plaintiff is granted leave to institute proceedings nunc pro tunc pursuant to section 4 of the Felons (Civil Proceedings) Act 1981 (NSW).

2. Costs in the cause.

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Decision last updated: 24 April 2024