Event and Time
Event Description
- Case: Reid v. Trustees of Vincentian Fathers
- Judge: [Details not provided]
- Date of Decision: 21 July 2021
- Nature of Case: Leave to commence civil proceedings under the Felons (Civil Proceedings) Act 1981 (NSW) regarding claims of institutional abuse.
Application and Claims
- Plaintiff: William Dacry Reid
- Claims: Damages including aggravated damages for psychiatric and psychological injuries resulting from sexual and physical abuse by a school chaplain/priest during his education at St Stanislaus College between October 2007 and February 2009.
- Status of Plaintiff: In custody for murder at the time of application.
Judicial Decisions
- The application for leave to commence proceedings was granted. The court instructed the solicitor for the plaintiff to submit a minute of order reflecting this decision by 4pm on 21 July 2021.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Claims:
- Detailed allegations of sexual abuse by a chaplain at the College. - Psychological injuries including Post-traumatic Stress Disorder (PTSD), Major Depressive Disorder, and Substance Use Disorder allegedly due to the abuse. - Affidavit supported by a psychiatric report, corroborating the claims of abuse and its psychological impact.
- Defendant's Position:
- The Trustees of Vincentian Fathers did not oppose the motion provided there were no costs awarded against them.
- Legal Framework:
- Under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW), leave is required for a convicted felon to initiate civil proceedings, necessitating the court's satisfaction that the proceedings are not an abuse of process and that prima facie grounds exist.