Jens v The Society of Jesus in Australia [2024] VSC 329 (Link to Jade).
The plaintiff alleged sexual abuse by a priest while a student boarder at Xavier College in Melbourne. He sought to claim additional damages which required an order that two earlier settlement deeds be set aside (2011 and 2016).
The defendant said that the plaintiff’s settlement deeds were not eligible to be set aside. Alternatively, that the plaintiff’s settlement deeds are not eligible to be set aside insofar as they relate to economic loss.
The court agreed to set aside the deeds having regard to what it described as legal barriers at the time, being time limitation barrier and the legal identity barrier.
The court did not separate out the settlement in relation to economic loss, based on the evidence. It could not be inferred that the plaintiff had elected not to pursue economic loss in the earlier settlements ([264]).
The issue of potential prejudice was also discussed.
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