TT v The Diocese of Saint Maron, Sydney & Ss (No 2)

The case before the court involved a plaintiff, TT, who was suing two defendants, the Diocese of Saint Maron, Sydney & Ss and a second defendant. The dispute centred around the admissibility of certain tendency evidence that TT sought to present, which related to the conduct of the second defendant. The case was heard in the Supreme Court of New South Wales.

The primary legal issue the court had to decide was whether the plaintiff could adduce evidence that demonstrated a tendency of the second defendant to engage in conduct that was relevant to the allegations made against him. The court needed to balance the probative value of this evidence against the potential for unfair prejudice to the defendants. The court also had to consider the relevance of this evidence to the specific allegations made against the second defendant.

The court found that the tendency evidence was relevant to the specific allegations against the second defendant and that its probative value outweighed any prejudicial effect it might have. The court emphasised that the tendency evidence was not being used to suggest that the second defendant had acted in a particular way on this occasion, but rather to show a pattern of conduct that was relevant to the allegations. The court concluded that the evidence was admissible and allowed the plaintiff to present it. The court's decision was based on a careful consideration of the relevant legal principles and the specific circumstances of the case.

The final orders of the court were that the plaintiff could adduce the tendency evidence relating to the second defendant’s conduct, subject to any objections that the defendants might raise during the trial. The court also made orders regarding the procedure for the trial, including the timing of any objections to the evidence.