Rc v The Salvation Army (Western Australia) Property Trust

[2023] WASCA 29

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Abuse of process
3. › Permanent stay of proceedings
4. › Child sexual abuse claim
5. › Passage of time
6. › Whether defendant can meaningfully defend action
7. › Whether death of alleged perpetrator before defendant on notice of allegations
8. › Whether passage of time resulted in significant prejudice to defendant
9. › Limitation Act 2005 (WA), s 6A
1. Practice and Procedure
2. › Abuse of process
3. › Permanent stay of proceedings
4. › Whether failure to take into account material considerations
5. › Whether primary judge erred in not finding respondent notified in 1960
6. › Whether hypothetical inquiry into what defendant would have done required
1. Costs
2. › Discretion
3. › Departure from general rule
4. › Permanent stay of child sexual abuse proceedings
5. › Whether circumstances justify no order as to costs
6. › Whether considerations applicable to costs of action apply to costs of stay application
1. Tort
2. › Vicarious liability
3. › Religious institutions
4. › Whether employment relationship necessary prerequisite
5. › Whether ordained minister's relationship with institution sufficient
6. › Prince Alfred College Inc v ADC (2016) 258 CLR 134

Quick Take

In child sexual abuse claims, courts assess prejudice by reference to the defendant's current ability to defend, not by requiring proof of what the defendant hypothetically would have done, and costs of a stay application are treated separately from costs of the action itself.