The Council of Trinity Grammar School v Anderson [2019] NSWCA 292 (09 December 2019) (Bathurst CJ at [1]; Payne JA at [508]; Simpson AJA at [509])


Catchwords:


CIVIL PROCEDURE – Court of Appeal – Stay of proceedings – Application for permanent stay of proceedings concerning sexual assaults allegedly perpetrated by teacher against student between 1974 and 1976 – Alleged abuse did not occur on school grounds – Whether primary judge erred in the exercise of discretion to refuse a permanent stay of proceedings – Whether discretion should be re-exercised – Whether inquiries made by applicant to ascertain if material available were adequate – Whether applicant was responsible for its difficulty in dealing with proceedings by not investigating the claim earlier.

LIMITATION OF ACTIONS – Personal injury – Child abuse – Legislative removals of previous limitation periods – s 6A Limitation Act 1969 (NSW) – Sexual assaults alleged to have occurred between 1974 and 1976 – Whether proceedings should be permanently stayed.