NYX v State of Queensland
[2025] QSC 207 · North J
The plaintiff, a woman now in her early fifties, sued the State of Queensland for psychiatric injury she says resulted from sexual abuse suffered as a child. Her father was shot and killed in 1980 when she was seven, and she claims that police and child welfare officers failed to take her into care and protection, leaving her exposed to abuse by relatives and acquaintances over the following years. She was diagnosed with complex post-traumatic stress disorder. The State applied to strike out her pleadings on the basis they disclosed no reasonable cause of action. The judge struck out both versions of her statement of claim, finding the pleadings confused a claim for breach of statutory duty (which the law does not support here) with a common law negligence claim, and failed to make clear what damage flowed from events in 1980 versus 1987. The plaintiff abandoned the statutory duty claim. She was refused leave to replead any statutory duty claim but was allowed to replead a common law negligence claim, so her case can continue in a narrower form. She was ordered to pay the State's costs.
Incident & injury
Sexual assaults by male relatives and acquaintances over period 1980-1988 following death of plaintiff's father; alleged failure by State (police and child welfare officers) to take child into care/protection
- Body regions
- Psychiatric
- Diagnoses
- Complex Post-Traumatic Stress Disorder
- Incident date
- 29 September 1980
- Location
- Brisbane and Townsville
Quick facts
- Date of judgment
- 27 August 2025
- Claim type
- Historical Abuse
- Proceeding
- Interlocutory
- Plaintiff outcome
- Partial
- Plaintiff age at injury
- 7
- Occupation
- Minor / Child
Outcome
Defendant's strike out application largely successful: both the Second Further Amended Statement of Claim and Third Further Amended Statement of Claim struck out. Plaintiff refused leave to replead a cause of action based on statutory duty but granted leave to replead common law duty of care. Plaintiff ordered to pay defendant's costs on the standard basis.
Key issues
NYX v State of Queensland [2025] QSC 207
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Learn more about institutional abuse claims and psychological injury claims in Queensland.