Latest legal blow to victim of serial paedophile

 

 

A victim of Brisbane Grammar School's sadistic serial paedophile counsellor Kevin Lynch has lost another legal battle to have his "pittance" $47,000 compensation payout overturned.

The man, who cannot be identified, was a student at the exclusive Brisbane private school in the late 1980s when he became one of Lynch's many victims.

Lynch is believed to have abused more than 100 boys at various schools and over several decades but killed himself in 1997 after being charged with indecently dealing with children.

The man brought legal action against the school in 2001 but at the time there was a three-year statute of limitations for victims of child sex abuse in institutions.

The man argued to have the time limit extended but then accepted a settlement of $47,000 from Brisbane Grammar School that came with an apology but no admission of liability.

 

Kevin John Lynch
Kevin John Lynch

 

In 2016, following the Royal Commission into Institutional Responses to Child Sexual Abuse, the government lifted the three-year limit.

The man is the first of Lynch's victims to attempt to overturn their payout, arguing he accepted the amount because he believed he would have a low chance of success with the statute of limitations in place.

He instead said he was asking for $800,000 in damages after Lynch's abuse left him severely depressed and affected his future earnings.

In Victoria, another victim of a paedophile teacher was recently awarded a record payout of more than $1.5 million.

That teacher has been jailed for abusing dozens of children.

The man's application was rejected by the Supreme Court, which found it was not "just and reasonable" to set aside the original settlement agreement.

Yesterday, the Court of Appeal followed suit, finding the three-year limit had not affected the size of the compensation payout.

McNamara Law managing director Peter Wilkinson, who represented the man, said they would not give up the fight.

"We will review the decision to see if there are any grounds upon which he may have the decision reviewed by the High Court of Australia," he said.

"We are disappointed at the result but will continue to champion the rights of victims of institutional child abuse."

 

Originally published as Latest legal blow to victim of serial paedophile



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