Barrie v State of New South Wales

The plaintiff has filed a Summons seeking leave to commence proceedings against the defendant for damages for personal injuries he allegedly suffered as a result of child sexual abuse which allegedly occurred at Stanmore Public School when he was 8 years of age, in about 1997, pursuant to section 4 of the Felons (Civil Proceedings) Act 1981 (the Act). The plaintiff is currently incarcerated at Goulburn Correctional Centre and is in custody as a result of having been convicted of several serious indictable offences. He therefore requires leave of the court to institute civil proceedings. I observe that there is no limitation period for an action for damages that relates to personal injury to a person resulting from an act that constitutes child abuse of the person.

Section 5 of the Act provides that a court shall not grant leave to person to institute proceedings unless the court is satisfied that the proceedings are not an abuse of process and that there is a prima facie ground for the proceedings. Thus the plaintiff has to satisfy me of those two matters.

In Potier v Attorney General in and for the State of New South Wales [2015] NSWCA 129, Leeming JA said at [57]:-

The plaintiff relies upon an affidavit of his solicitor Peter Glynn Ivory sworn on 7 May 2024 which annexes the plaintiff’s criminal history and a report of Dr Antonella Ventura, psychiatrist, dated 14 June 2023. Dr Ventura obtained a history from the plaintiff which sets out his allegation that a teacher at Stanmore Public School sexually assaulted him when he was 8 years of age. She is of the view that the alleged child sexual abuse has caused the plaintiff to suffer significant psychiatric injury.

Based on the material before me, I am satisfied that the proceedings are not an abuse of process and that there are prima facie grounds for their commencement.

In my opinion leave ought to be granted, and I make the following orders:-