Khurana v State of New South Wales

1. [1]

   On 28 February 2025, the plaintiff commenced proceedings seeking damages, aggravated damages and exemplary damages from the State of New South Wales.

2. [2]

   The plaintiff claimed that whilst he attended and boarded at the Yanco Agricultural High School, between 2000 and 2002, he was sexually abused by a woodwork teacher whom he identifies in the Statement of Claim filed 28 February 2025.

3. [3]

   On 3 June 2025, the plaintiff filed a Notice of Motion seeking the following relief:

4. [4]

   In support of that Notice of Motion, the plaintiff’s solicitor, Alexander Morrison, swore an affidavit on 3 June 2025. That affidavit demonstrated the following:

5. [5]

   Mr Morrison’s affidavit did not include reference to any material which indicated that the plaintiff had been sentenced for those serious indictable offences, nor that a conviction had been entered in respect of them.

6. [6]

   As I have previously explained, in Milligan v State of New South Wales [2025] NSWSC 67 (”Milligan”), a plea of guilty to a serious indictable offence does not permit a conclusion that the plaintiff has been “found to have committed” any offence within the meaning of that phrase in s 4 of the Felons (Civil Proceedings) Act 1981 (“the Felons Act”).

7. [7]

   This plaintiff is in the same position as the plaintiff in Milligan, and also in the matter of Namulauulu v State of New South Wales [2025] NSWSC 625, which has been published at the same time as this judgment.

8. [8]

   Therefore, leave is not required under the Felons Act.

9. [9]

   The consequence of this opinion is that the Notice of Motion will be dismissed.

Orders

1. [10]

   I make the following order:

   1. (1)

      Notice of Motion filed 3 June 2025 is dismissed.

   2. (2)

      Each party to pay their own costs of the Notice of Motion.