Phillips & Anor v Stanzer [2022] VSC 355 (on JADE).
The plaintiffs in this matter, who were sisters, alleged that they were abused by their late uncle Mr Forde between 1962 and 1971. They sought damages from his estate. The executor of his estate sought a permanent stay of the proceedings.
On 28 April 2020, NSW Police attended Mr Forde’s residential address intending to inform him that he was a suspect in the matter and offer him the opportunity to participate in a police interview. On arriving at the property, the police discovered that it was advertised for sale. The following day the police were able to find out that Mr Forde was living in Port Macquarie, New South Wales. The police arranged for Port Macquarie police to contact Mr Forde to ask if he would participate in an interview. However, on 29 April 2020, Mr Forde had been admitted for palliative care to Wauchope Base Hospital. Mr Forde died on 1 May 2020.
Factors relevant to the grant of a stay included the death of Mr Forde, the absence of witnesses, the absence of any documentary evidence and the demolition of properties which were said to have been the locations of the abuse. The death of the plaintiffs’ mother was also of significance.
The Court held that the defendant had established exceptional circumstances sufficient to grant a permanent stay of the proceeding.
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