Skimmings v State of New South Wales

The case of Skimmings v State of New South Wales involved the plaintiff seeking damages for sexual abuse by a teacher. The defendant, the State of New South Wales, argued that the plaintiff's notice of motion was invalid due to a failure to comply with the requirements of the Felons (Civil Proceedings) Act 1981 (NSW). The Supreme Court of New South Wales was tasked with determining whether the plaintiff was entitled to bring the proceedings under the Act and whether the court could grant leave to commence the proceedings nunc pro tunc.

The court had to decide whether the plaintiff's notice of motion was invalid due to a failure to comply with the statutory requirements. The central legal issue was whether the court could grant leave to commence the proceedings nunc pro tunc, effectively treating the notice of motion as if it had been properly served within the statutory time limit. The court also needed to consider whether the defendant had waived its right to object to the invalidity of the notice of motion by failing to raise the issue in a timely manner.

In reaching its decision, the court noted that the defendant had not objected to the invalidity of the notice of motion within the statutory time limit, thereby potentially waiving its right to do so. The court found that the plaintiff had made out a prima facie case for leave to commence the proceedings nunc pro tunc. The court concluded that the plaintiff was entitled to bring the proceedings under the Act and that leave should be granted nunc pro tunc. Additionally, the court awarded costs against the defendant for the proceedings.

The court ordered that the plaintiff's claim for damages could proceed under the Felons (Civil Proceedings) Act 1981 (NSW), with leave to commence the proceedings granted nunc pro tunc. The defendant was also ordered to pay the plaintiff's costs for the proceedings.