Connellan, John v Murphy, Marita [2017] VSCA 116

LIMITATION OF ACTIONS, PRACTICE AND PROCEDURE
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Priest JA, Beach JA, Kaye JA
Parties: 

Connellan, John v Murphy, Marita

Judgment Date: 
22 May 2017
Catchwords: 

LIMITATION OF ACTIONS - Appeal - Personal injury claim - Claim for damages for alleged sexual assaults - Events alleged to have occurred almost 50 years ago - No limitation period - Whether proceeding should be stayed as an abuse of process - Limitation of Actions Act 1958, s27R.

PRACTICE AND PROCEDURE - Permanent stay - Abuse of process - Categories of abuse of process not closed - Abuse of process not confined to cases where defendant would not receive a fair trial - Claim brought in respect of events alleged to have occurred between children almost 50 years ago - Whether it would be manifestly unfair to defendant or would otherwise bring administration of justice into disrepute if claim proceeded - Primary judge refused application for stay - Plainly unjust to let action proceed - Application for leave to appeal granted - Appeal allowed - Permanent stay ordered.

Citation: 
[2017] VSCA 116