Event and Time
Event Description
- The case revolves around Kris Lloyd ("the plaintiff") seeking leave to commence civil proceedings under the Felons (Civil Proceedings) Act 1981 (NSW).
- The motion was filed on 18 February 2022, relating to allegations of historical sexual abuse suffered by the plaintiff during his incarceration at the Riverina Youth Justice Centre in 2003.
Application and Claims
- Kris Lloyd, who is currently serving a prison sentence for a serious indictable offence, alleged that while incarcerated as a young person, he was the victim of serious psychological, physical, and sexual abuse.
- The application for leave to proceed is supported by an affidavit from his solicitor, underpinning the merits of Lloyd's claims.
Judicial Decisions
- The court decided to grant leave nunc pro tunc, which allows for the proceedings to commence as if they had been properly initiated at the time of filing on 19 October 2021.
- It was noted that the State of New South Wales, as the defendant, consented to the motion.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- The plaintiff claims to have endured serious trauma due to historical sexual abuse while under the State's care at the Riverina Youth Justice Centre. - The claim details include vicarious liability and specifics of injuries suffered.
- Defendant's Position:
- The State of New South Wales consented to the leave motion, indicating no dispute on the merits of the claim at this preliminary stage.
- Legal Basis:
- The case relies on sections 4 and 5 of the Felons (Civil Proceedings) Act 1981 (NSW), which provides the legal framework for convicted felons to bring civil actions under certain conditions.