Historical Sexual Abuse Claims Dating From The 1970 S

Question 4 Explain fully the issues involved in the High Court decision in Stingel v Clark (2006) 226 CLR 442. Did the High Court reach the right decision in this case? Contextual Analysis In Stingel v Clark (2006), plaintiff, Carol Ann Stingel sued Geoff Clark over alleged historical sexual abuse claims dating from the 1970‟s. 1 In this case, the High Court had opted not to follow the earlier House of Lords authority of Stubbings v Webb, 2 â€Å"which had denied that the commencement of a limitation period could be delayed until the date of the injured person s knowledge in the case of an intentional assault†.3 Instead the High Court relied on the interpretation of Section 5(1A) of the Limitation of Actions Act 1958 (Vic), which reads as follows: â€Å"An action for damages for negligence nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff consist of or include damages in respect of personal injuries consisting of a disease or disorder contracted by any person may be brought not more than six years from and the cause of action shall be taken to have accrued on the date on which the person first knows – (a) That he has suffered those personal injuries; and (b) that those personal injuries were caused by the act or omission of some person.† In handing down the decision, The High Court submitted that Ms Stingel wasShow MoreRelatedGirl Gangs and the Female Crime Wave in America Essay6758 Words   |  28 Pagesbegan to surface as a serious problem in America. 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