The Court granted leave nunc pro tunc under s 4 of the Felons (Civil Proceedings) Act 1981 (NSW) for a prisoner to bring historical child sexual abuse proceedings, applying the Potier threshold of whether the claim has a realistic prospect of success. Campbell J observed that where a statement of claim is filed without the requisite leave application and leave is sought nunc pro tunc, the supporting affidavit should explain why that course was necessary, particularly given that s 6A of the Limitation Act 1969 (NSW) removes any urgency arising from limitation periods in child sexual abuse cases. The Court indicated that this forbearance in proceeding without such an explanation will not always be extended.
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