Event and Time
Event Description
In February 2023, Mr. Keown initiated legal proceedings seeking damages for child abuse he claims to have suffered while detained at Cobham Juvenile Justice Centre in June 2009. The case involved two motions: one by the State to set aside a subpoena issued to a government department, and another by Mr. Keown to set aside parts of a subpoena issued by the State to his lawyers.
Application and Claims
- Plaintiff: Mr. Keown
- Claims of child abuse including sexual assault while in state detention. - Legal foundations: - No limitation period on his claims under the Limitation Act 1969 (NSW). - Claims of negligence and intentional torts under the Civil Liability Act 2002 (NSW). - Several specific alleged breaches of duty by the State leading to foreseeable harm.
- Defendant: The State
- Filing of motions to dismiss subpoenas and arguing that certain requests lack relevance and constitute an abuse of process.
Judicial Decisions
1. The State’s motion was dismissed. 2. The specific paragraphs of the State’s subpoena (2(f), (g), and (h)) were set aside. 3. The State is to bear Mr. Keown’s costs related to the motions. 4. Adjournment of the matter for the hearing of Mr. Keown’s subsequent motion scheduled for March 5, 2024.
Dispute Points and Legal Basis
Dispute Points
- For the State:
- Argued that Mr. Keown’s subpoena issued to them was a fishing expedition with no legitimate forensic purpose. - Claimed that the subpoena requests were irrelevant and an abuse of process as Mr. Keown was unable to recall the perpetrator’s name.
- For Mr. Keown:
- Contended he has a legitimate forensic purpose in seeking documents to identify the perpetrator. - Asserted that the documents would assist in substantiating his claims of negligence, breach of duty, and help identify witnesses.