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[2026] NSWSC 814
Supreme Court of NSW
2026-06-29
Cavanagh J
Original judgment source is linked above.
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Riley v Trustees of the Christian Brothers [2026] NSWSC 814
Hearing dates: 29 June 2026
Date of orders: 29 June 2026
Decision date: 29 June 2026
Jurisdiction: Common Law
Before: Cavanagh J
Decision: (1) Pursuant to r 18.2 of the Uniform Civil Procedure Rules 2005 (NSW), time for the service of the notice of motion and the supporting affidavit be abridged, and the motion be heard as a matter of urgency.
(2) Grant leave to file in Court on the undertaking of the plaintiff to pay the filing fee, the notice of motion and supporting affidavit of Jason Parkinson dated 29 June 2026.
(3) Pursuant to s 64 of the Civil Procedure Act 2005 (NSW) and s 6K of the Civil Liability Act 2002 (NSW), the unincorporated Congregation of the Christian Brothers be added as a second defendant to the proceedings.
(4) By consent, grant leave to the plaintiff to discontinue proceedings against the first defendant and order that the proceedings are hereby discontinued as against first defendant (on the basis that the first defendant is no longer a proper defendant pursuant to s 6M of the Civil Liability Act 2002 (NSW)).
(5) Grant the plaintiff leave to file and serve an amended statement of claim by 1 July 2026.
(6) If able to, on or before 7 July 2026, the Congregation of the Christian Brothers is to nominate and file a notice of appointment of suitable proper defendant under s 6L of the Civil Liability Act 2002 (NSW), such defendant to be an entity which satisfies s 6M of the Civil Liability Act 2002 (NSW).
(7) If the Congregation of the Christian Brothers does not nominate a suitable defendant, the plaintiff has liberty to apply on 3 days’ notice for the appointment of a proper defendant under s 6N of the Civil Liability Act 2002 (NSW).
(8) The proceedings be listed for directions in the Institutional Abuse List on 17 July 2026.
(9) Costs to be costs in the cause.
Catchwords: CIVIL PROCEDURE — application to amend pleadings — where first defendant has filed application to stay all proceedings against it in New South Wales pending scheme of arrangement — first defendant previously nominated as proper defendant within the meaning of s 6M of the Civil Liability Act 2002 (NSW) — plaintiff seeks leave of the Court to amend pleading to discontinue proceedings against first defendant but continue proceedings against second defendant — where plaintiff seeks further order that second defendant be required to nominate alternative proper defendant
Legislation Cited: Civil Liability Act 2002 (NSW), s 6K
Cases Cited: Rankin v Trustees of the Christian Brothers [2026] NSWSC 812
Category: Procedural rulings
Parties: Jason Hugh Riley (Plaintiff)
Trustees of the Christian Brothers (First Defendant)
Congregation of the Christian Brothers (Second Defendant)
Representation: Counsel:
D Campbell SC with J Masur (Plaintiff)
M Slattery (Solicitor) (Defendants)
Solicitors:
Porters Lawyers (Plaintiff)
Carroll & O’Dea (Defendants)
File Number(s): 2023/231187
HIS HONOUR: This matter comes before me on an urgent basis in my capacity as duty judge at the same time as another matter, being the matter of Mr Rankin: see Rankin v Trustees of the Christian Brother**s [2026] NSWSC 812 (“Rankin”).
The plaintiff seeks urgent orders consequent upon the recent application made by the defendant, the Trustees of the Christian Brothers (“the Trustees”) for the appointment of a scheme of arrangement in respect of its affairs. The effect of the orders sought in the Equity Division of this Court would be that these proceedings, indeed I assume all proceedings against the Trustees, would be stayed.
In circumstances where this matter has a hearing date coming on in the near future, the plaintiff does not wish the proceedings to be stayed. Instead, the plaintiff seeks to substitute the Congregation of the Christian Brothers (“the Congregation”), being an unincorporated association, as the defendant.
Mr Campbell SC appears with Mr Masur of counsel for the plaintiff. Mr Slattery, solicitor, appears for the defendant. Mr Slattery does not object to the orders sought.
In the circumstances, I will make the orders sought by the plaintiff, the effect of which is to replace the Trustees with the entity known as the Congregation, an entity which is sued in accordance with s 6K of the Civil Liability Act 2002 (NSW).
Again, like Rankin, and I suspect like many other matters, there may be some uncertainty as to whether the Congregation will nominate another proper defendant, but that is a matter which can be determined at a later date. Other than that, and subject to the liberty to apply, I will place the matter in the Institutional Abuse List on 17 July 2026.
Therefore, I make the following orders:
Pursuant to r 18.2 of the Uniform Civil Procedure Rules 2005 (NSW), time for the service of the notice of motion and the supporting affidavit be abridged, and the motion be heard as a matter of urgency.
Grant leave to file in Court on the undertaking of the plaintiff to pay the filing fee, the notice of motion and supporting affidavit of Jason Parkinson dated 29 June 2026.
Pursuant to s 64 of the Civil Procedure Act 2005 (NSW) and s 6K of the Civil Liability Act 2002 (NSW), the unincorporated Congregation of the Christian Brothers be added as a second defendant to the proceedings.
By consent, grant leave to the plaintiff to discontinue proceedings against the first defendant and order that the proceedings are hereby discontinued as against first defendant (on the basis that the first defendant is no longer a proper defendant pursuant to s 6M of the Civil Liability Act 2002 (NSW).
Grant the plaintiff leave to file and serve an amended statement of claim by 1 July 2026.
If able to, on or before 7 July 2026, the Congregation of the Christian Brothers is to nominate and file a notice of appointment of suitable proper defendant under s 6L of the Civil Liability Act 2002 (NSW), such defendant to be an entity which satisfies s 6M of the Civil Liability Act 2002 (NSW).
If the Congregation of the Christian Brothers does not nominate a suitable defendant, the plaintiff has liberty to apply on 3 days’ notice for the appointment of a proper defendant under s 6N of the Civil Liability Act 2002 (NSW).
The proceedings be listed for directions in the Institutional Abuse List on 17 July 2026.
Costs to be costs in the cause.
**********
Riley
Trustees of the Christian Brothers
[2026] NSWSC 812