DZY (a pseudonym) v. Trustees of the Christian Brothers
Case No.
M81/2024
Case Information
Lower Court Judgment
23/04/2024 Supreme Court of Victoria (Court of Appeal) (Beach, Macaulay and Lyons JJA)
Catchwords
Civil procedure – limitation of actions – application to set aside deeds of settlement under s 27QE of Limitation of Actions Act 1958 (Vic) – where appellant entered into two deeds of settlement relating to sexual abuse alleged against Christian Brothers in school run by respondent – where appellant later commenced proceedings seeking damages from respondent for economic loss caused by abuse – where respondent claimed settlements should not be set aside because it would have pleaded limitation defence and “Ellis” defence that unincorporated association not solvent legal entity capable of being sued (Trustees of the Roman Catholic Church v Ellis (2007) 70 NSWLR 565) – where primary judge allowed claim to proceed – where Court of Appeal set aside primary judge’s decision – whether majority of Court of Appeal erred in finding power in s 27QE Limitation of Actions Act not enlivened unless claimant establishes that limitation or Ellis defence had material impact on or was leading factor in decision to settle – whether Court of Appeal misapplied correctness standard of appellate review in Warren v Coombs (1979) 142 CLR 531.
Documents*
05/09/2024 Determination (SLA, Canberra)
19/09/2024 Notice of appeal
24/10/2024 Written submissions (Appellant)
24/10/2024 Chronology (Appellant)
21/11/2024 Written submissions (Respondent)
12/12/2024 Reply
13/02/2025 Hearing (Full Court, Canberra) (Audio-visual recording)
13/02/2025 Outline of oral argument (Appellant)
13/02/2025 Outline of oral argument (Respondent)
09/04/2025 Judgment (Judgment summary)