Chalmers v Leslie & Anor
[2020] QSC 343 · Martin J
The plaintiff, a man born in 1990, sued his maternal grandfather for damages for psychiatric injury caused by alleged sexual abuse when the plaintiff was a child, beginning around 1995. He also sued his mother, claiming she negligently placed him in the grandfather's care knowing the risk. The grandfather, born in 1926, now had severe dementia. Medical evidence showed his memory was completely unreliable and he could not give instructions, give evidence, or take part in a trial. The defendants asked the court to permanently stop the case, arguing a fair trial was impossible. The court agreed. Following the New South Wales decision in Moubarak, the judge found that because the grandfather was never confronted with the allegations while of sound mind and could not now respond to them, no fair trial could be held. The case was permanently stayed and the plaintiff was ordered to pay the defendants' legal costs. No damages were assessed.
Incident & injury
Intentional unlawful sexual assaults by the plaintiff's maternal grandfather during periods placed in his sole care, commencing in 1995 when the plaintiff was a child; negligence alleged against the plaintiff's mother for placing him in that care.
- Body regions
- Psychiatric
- Diagnoses
- Psychiatric injury
- Location
- Brisbane
Quick facts
- Date of judgment
- 20 November 2020
- Claim type
- Historical Abuse
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~5 (inferred)
- Occupation
- Minor / Child
Outcome
The proceeding was permanently stayed under r 16(g) UCPR because the first defendant's severe dementia rendered him unable to give instructions or evidence, making a fair trial impossible. The plaintiff was ordered to pay the defendants' costs.
Defendants (2)
1 Hamilton William Nation Leslie
Alleged perpetrator (first defendant)
2 Helen Frances Chalmers
Alleged negligent carer / mother (second defendant)
Key issues
Chalmers v Leslie & Anor [2020] QSC 343
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