Stone v State of New South Wales

In the case of Stone v State of New South Wales, the plaintiff sought damages for sexual abuse allegedly committed by a teacher while the plaintiff was a student at a state-run school. The dispute centred on the plaintiff's capacity to sue and the timing of the claim, given that the alleged abuse occurred many years prior to the filing of the action. The matter was heard by the Supreme Court of New South Wales.

The court had to determine whether the plaintiff's claim was statute-barred due to the delay in filing, and if so, whether leave to commence the action could be granted under the Felons (Civil Proceedings) Act 1981 (NSW). Specifically, the court examined whether the plaintiff had a bona fide claim and whether there were special circumstances justifying the delay in bringing the action. The court also considered whether the defendant's immunity from suit was absolute or qualified, and if qualified, whether the circumstances of the case warranted granting leave to proceed.

The court found that the plaintiff did have a bona fide claim and that there were special circumstances justifying the delay, primarily due to the plaintiff's psychological trauma and the late realisation of the abuse's impact. The court ruled that the defendant's immunity was qualified in this instance and granted leave to commence the proceedings nunc pro tunc, meaning as if the proceedings had been commenced on the original date the action should have been filed. The court also ordered that the defendant pay the plaintiff's costs associated with the application for leave.

The Supreme Court granted the plaintiff leave to commence the action nunc pro tunc and ordered the defendant to pay the plaintiff's costs associated with the application. The case now proceeds to the merits, where the plaintiff will seek to prove the allegations of abuse and quantify the damages.