Event and Time
Event Description
- The plaintiff, an altar boy at the Warragul Catholic Church, alleges repeated sexual abuse by priest Daniel Hourigan between 1977-1980.
- Hourigan admitted to the abuse prior to his death in 1995.
- In 1996, the plaintiff settled a claim against Bishop Coffey for $32,500, included a Deed of Release barring further claims.
- In 2020, the plaintiff sought to set aside the Deed under ss 27QD and 27QE of the Limitation of Actions Act.
Application and Claims
- The plaintiff claims damages for psychiatric injuries stemming from the alleged abuse.
- The defendant, the Diocese, seeks to uphold the Deed of Release, arguing the settlement was binding and claims are consequently barred.
Judicial Decisions
- The trial judge set aside the Deed, finding it just and reasonable to do so under the relevant provisions of the Limitation of Actions Act.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Argument:
- The release from 1996 should be set aside due to legislative changes (Child Abuse Act, Legal Identity Act) that removed limitation periods and allowed suits against unincorporated entities. - The abuse led to significant psychological harm, which justifies revisiting the earlier settlement.
- Defendant’s Argument:
- The defendant argues that critical evidence is lost and key witnesses (e.g., Bishop Fox, Monsignor Daly) are deceased, causing it prejudice. - The defendant contends that it is unfair to allow the plaintiff’s claim to proceed after such a long period.
- Legal Basis:
- The focus under ss 27QD and 27QE is whether setting aside the settlement is just and reasonable, distinct from determining the merits of the initial claim or the lapse of time.