Application for stay as an abuse of process, based on delay

Although not yet in a claim against a medical practitioner, a small number of claims have arisen under the ‘no limitation period’ provisions for child sexual abuse which require the court to consider whether such a claim should be stayed as an abuse of process on the basis of prejudice arising from delay (25 – 40 years). In this particular matter, the alleged perpetrator had died shortly before claims were made: Estate Judd v McKnight; Gammage v Estate Judd, Channell v Estate Judd; McKnight v Estate Judd (No.2) [2018] NSWSC 462.

An application by the executors for a permanent stay in this matter was refused, as there were avenues of enquiry which remained available to permit them to defend the matter.