Magann v The Trustees of the Roman Catholic Church for the Diocese of Parramatta

[2020] NSWCA 167

NSW Court of Appeal

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Interrogate

Catchwords

1. Contracts
2. › Deed of settlement and release
3. › Claims of alleged historical child sexual abuse
4. › Whether litigation needed to be on foot for deed of release to be effective
5. › Whether deed extinguished liability of respondents
1. Contracts
2. › Unjust contracts
3. › Contracts Review Act 1980 (NSW)
4. › Deed of settlement relating to claims of alleged historic child sexual abuse
5. › Whether deed was unjust
6. › Relevance of PTSD to assessment of unjustness
7. › Standard of appellate review of finding that contract is or is not unjust
8. › Contracts Review Act 1980 (NSW)
1. Equity
2. › Unconscionable conduct
3. › Special disability or disadvantage
4. › Post-traumatic stress disorder
5. › Whether respondents took advantage of special disadvantage
1. Appeal
2. › Procedure
3. › Challenges to findings of fact
4. › Obligation to comply with UCPR r 51.36(2)
5. › Need for precise and accurate references to evidentiary record
6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.36(2)

Quick Take

Practitioners advising clients with historical child sexual abuse claims who have previously entered deeds of release should note that PTSD alone is insufficient to set aside such deeds under the Contracts Review Act, and that the absence of ongoing litigation does not invalidate a deed of release.