A Step Too Far? Resiling From Arguments Following Appellate Decisions And Undermining Their Finality

Warning: This article contains details about abuse which may be upsetting for some readers. Reader discretion is advised.

The Supreme Court of Victoria decided that the plaintiff’s attempt to contest the construction of deeds, after allowing an appeal to the Supreme Court of Victoria Court of Appeal and the High Court of Australia, on alternative grounds for appeal, has amounted to an abuse of process.

In issue

• A recent Supreme Court of Victoria decision in DZY v Trustees of Christian Brothers Pty Ltd relates to a string of proceedings initially brought by DZY (plaintiff) to set aside prior deeds of settlement entered into in 2012 and 2015 releasing the Christian Brothers Pty Ltd (defendant) from the plaintiff’s claims relating to alleged instances of abuse that occurred in the 1960’s. The deeds also included a clause that the plaintiff made no claim for economic loss.