Gorman v McKnight [2020] NSWCA 20 (19 February 2020) (Bell P at [1]; Payne JA at [91]; Emmett AJA at [97])


Catchwords:


APPEAL – whether permanent stay of proceedings should be granted – civil claims arising from alleged sexual assaults up to 40 years ago – where alleged perpetrator dead but had been charged with regard to some of the underlying complaints prior to his death – where perpetrator had admitted some of the acts but asserted that they were consensual – where each of the plaintiffs was a minor at the time of the alleged assaults

CIVIL PROCEDURE – historic sexual assault – claim against Estate – where alleged perpetrator dead

TORTS – sexual assault – alleged consent – where plaintiffs were minors at the time of alleged consent – whether consent by a minor is a defence to a civil claim for damages for sexual assault