NSW v LSR3

[2025] NSWCA 151

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Interlocutory decision
3. › Practice and procedure
4. › Separate determination of questions
5. › Whether leave to appeal should be granted
6. › Whether error of principle in refusing to order separate questions
7. › Uniform Civil Procedure Rules 2005 (NSW), r 28.2
1. Civil Procedure
2. › Separate determination of questions
3. › Application under UCPR r 28.2
4. › Historical child sexual abuse claim
5. › Prior settlement agreements
6. › Whether set aside application must be heard separately before hearing of underlying claim
7. › Competing considerations including credit of witness, overlap of evidence, delay
8. › Uniform Civil Procedure Rules 2005 (NSW), r 28.2
1. Statutory Interpretation
2. › Civil Liability Act 2002 (NSW), Pt 1C
3. › Setting aside affected agreements
4. › Whether Part 1C mandates separate determination of set aside application prior to final hearing
5. › Construction of s 7D(1)
6. › Civil Liability Act 2002 (NSW), ss 7B, 7C, 7D, 7E, 7F
1. Torts
2. › Historical child sexual abuse
3. › Settlement agreements
4. › Application to set aside under Part 1C of Civil Liability Act 2002 (NSW)
5. › Whether affected agreements
6. › Whether just and reasonable to set aside
7. › Civil Liability Act 2002 (NSW), ss 7C, 7D

Quick Take

Part 1C of the Civil Liability Act 2002 (NSW) does not mandate that an application to set aside an 'affected agreement' must be determined separately and in advance of the hearing of the underlying child abuse claim; the procedural approach remains a matter for the exercise of discretion under UCPR r 28.2.