BRJ v The Corporate Trustees of The Diocese of Grafton [2022] NSWSC 1077

On 2 September 2022, the Supreme Court of New South Wales ordered a stay of both the primary claim and the cross-claim brought by the defendant against the alleged perpetrator in this matter.

The judgment is notable as it sets out the grounds that led to the stay, even in circumstances where the alleged perpetrator had prior criminal convictions for similar offending. The decision also tackles the issue of whether the defendant was prejudiced by the stay of the cross-claim.

In this case alert, Timothy Litherland and Renae Hamilton explain why this decision is a useful guide for institutional defendants and their insurers when defending claims of historical abuse.

Read the case alert in full below.