By Tasman Ash Fleming -
Key decisions
- DZY (a pseudonym) v Trustees of the Christian Brothers [2025] HCA 16
- Lendlease Corporation Ltd v Pallas [2025] HCA 19
STATUTES – CONSTRUCTION
Limitation of Actions Act 1958 (Vic) – setting aside settlement deed for personal injury resulting from child abuse if ‘just and reasonable’ to do so
In DZY (a pseudonym) v Trustees of the Christian Brothers [2025] HCA 16 (9 April 2025), the High Court (Gageler CJ and Gordon, Edelman, Steward and Gleeson JJ) dismissed appeals from the Court of Appeal of the Supreme Court of Victoria.
DZY entered into two separate settlement deeds with the Trustees of the Christian Brothers (‘Trustees’) in both 2012 and 2015. These were in settlement of liability for a claim arising from sexual assaults in the 1960s while DZY was at a school operated by the Congregation of Christian Brothers. Both deeds contained an agreement not to bring further claims for damages arising from the sexual assaults and recorded that DZY did not allege any economic loss in relation to the sexual assault.