The High Court has ruled that a plaintiff’s claim alleging sexual assault and abuse could proceed without prior authorisation from the Personal Injuries Assessment Board (PIAB). The decision resolved a preliminary issue about the court’s jurisdiction; it did not determine whether the alleged assault occurred or decide the motion for judgment in default of defence.
The plaintiff began proceedings in 2006. His statement of claim sought damages for assault, battery, trespass to the person, intentional infliction of emotional suffering and breach of his constitutional right to bodily integrity. It also pleaded physical injury and emotional suffering as alleged consequences. The defendant is named as the legal personal representative of the estate of a deceased person.
In a motion dated 4 July 2013, the plaintiff sought judgment in default of defence. The parties agreed that the question of whether the claim was barred for lack of PIAB authorisation should be decided first. It was undisputed that no authorisation had been sought. The court noted that, where the 2003 Act applies, the authorisation requirement goes to the court’s jurisdiction.
The defendant argued that the action was a civil claim for personal injuries covered by the Act. The plaintiff contended that its substance was a claim for assault and trespass to the person, which can be actionable without proof of actual injury, and that the claim for breach of constitutional rights was also excluded from the Act.
Justice Baker considered the substance of the pleaded claim, rather than its labels. She concluded that the primary claim sought to vindicate the plaintiff’s right to bodily integrity through causes of action actionable without proof of personal injury. She also held that the claim for alleged breach of constitutional rights fell within an express statutory exclusion and was not merely ancillary to the trespass claim.
The court therefore held that prior PIAB authorisation was not required. The judgment decided only that preliminary issue. It did not determine the allegations or grant the plaintiff judgment in default; the source records no decision on that motion.