Tatchell v The Trustees of Edmund Rice Education Australia trading as St Dominic's College, Penrith

The plaintiff, Tatchell, commenced proceedings against the Trustees of Edmund Rice Education Australia, trading as St Dominic's College, Penrith, alleging he was sexually abused while he was a pupil of the school. Before he could legally proceed with his action, Tatchell was required to obtain leave under the Felons (Civil Proceedings) Act 1981 (NSW). This requirement arose because he had previously been convicted of an offence in another jurisdiction. The court was tasked with determining whether Tatchell should be granted leave to commence his action despite having been convicted of an offence.

The court considered the relevant provisions of the Felons (Civil Proceedings) Act 1981 (NSW) and the specific circumstances of Tatchell's case. It examined the nature of the offence for which Tatchell had been convicted, the time elapsed since the conviction, and the relevance of the offence to the present proceedings. The court also weighed the potential impact of granting or refusing leave on Tatchell's ability to seek justice for the alleged abuse. Ultimately, the court concluded that the offence for which Tatchell had been convicted did not bear a sufficient connection to the present proceedings to warrant refusal of leave. It found that the application of the Act in this instance would not serve the interests of justice.

The court granted Tatchell leave to commence his action against the Trustees of Edmund Rice Education Australia, trading as St Dominic's College, Penrith. The reasoning was that the offence for which Tatchell had been convicted did not have a significant bearing on the current proceedings and that denying leave would not serve the interests of justice. This decision allows Tatchell to proceed with his allegations of sexual abuse, despite his prior conviction. The court's ruling ensures that Tatchell has the opportunity to seek redress for the alleged harm he suffered while attending the school.