Jd v Zyx

[2022] WASCA 136

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Permanent stay of proceedings
3. › Abuse of process
4. › Historical child sexual abuse claim
5. › Delay in commencing proceedings
6. › Destruction of evidence by plaintiff
7. › Whether trial manifestly unfair to defendant
8. › Whether destruction of evidence of itself constitutes abuse of process
9. › Limitation Act 2005 (WA), s 6A(5)
1. Appeal
2. › Standard of appellate review
3. › Appeal from refusal of permanent stay
4. › Discretionary decision
5. › Whether primary judge acted on wrong principle or failed to take into account material consideration
6. › House v The King (1936) 55 CLR 499

Quick Take

Permanent stays in historical abuse cases based on destroyed evidence require demonstration that the destruction constituted an abuse of process or rendered a fair trial impossible, not merely that destruction occurred.