Event and Time
Event Description
- Date: 2 February 2021
- Claimant: Gary Pearce
- Defendant: Missionaries of the Sacred Heart (MSC), a Catholic religious order.
- Allegations: Sexual abuse and assault during 1977-1978 while Pearce was a student at Monivae College.
- Prior Claim: Pearce had previously engaged Waller Legal to seek compensation from the MSC, resulting in a settlement of $140,000 in March 2017, accompanied by a deed of release.
Application and Claims
- Pearce claimed new damages against MSC, asserting that previous limitations related to personal injury claims had changed following the enactment of the Legal Identity of Defendants (Organisational Child Abuse) Act 2018 (Vic) and recent amendments to the Limitation of Actions Act 1958 (Vic).
- The MSC's defense argued that Pearce's current claim was barred due to the earlier deed of release from the 2017 settlement.
Judicial Decisions
- The court was tasked with determining whether to set aside the prior deed of release based on new evidence and statute law changes relevant to claims of sexual abuse. The focus was on whether the Ellis defense (which limits suing unincorporated associations) had materially influenced Pearce's decision to settle.
Dispute Points and Legal Basis
Dispute Points
- Pearce's Position:
- Asserted that the previous settlement was made under a misunderstanding caused by the Ellis defense, which created an impression that the MSC could not be sued. - Claimed he settled for an inadequate amount under duress of limited options due to legal barriers. - Argued that due to changes in law, he should not be bound by the previous agreement, which he believed did not allow for a fair resolution of his claim.