Hartnett v Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes (3)

The case involves a claim for damages for personal injury against the Trustees of the Roman Catholic Church for the Diocese of Wilcannia-Forbes, brought by a former student. The plaintiff alleges that he suffered abuse at the hands of a nun who was a member of an order of Catholic nuns, and that the Trustees were vicariously liable for her actions. The case was heard in the Federal Court of Australia, with the court being asked to determine whether the Trustees were vicariously liable for the actions of the nun and whether the plaintiff's application for an amendment to the pleadings should be allowed.

The legal issues before the court were whether the Trustees could be held vicariously liable for the actions of the nun, and whether the plaintiff's application to amend the pleadings should be allowed. The court was required to determine the nature of the relationship between the nun and the Trustees, and whether it was akin to an employment relationship, which would give rise to vicarious liability. The court was also required to consider whether the plaintiff's application to amend the pleadings was made in good faith and whether the delay in making the application would cause any prejudice to the defendants.

The court found that the Trustees could be held vicariously liable for the actions of the nun, as the relationship between the nun and the Trustees was akin to an employment relationship. The court held that the Trustees exercised control over the nun's actions and that the nun was acting within the scope of her employment when she committed the acts of abuse. The court also found that the plaintiff's application to amend the pleadings should be allowed, as the delay in making the application was due to inadvertence on the part of counsel and no prejudice would be caused to the defendants. The court held that the first defendant's financial position would not be affected by the proposed amendments and that the Heads of Agreement between the parties provided a framework for the apportionment of damages.

The court ordered that the plaintiff's application to amend the pleadings be allowed and that the Trustees be held vicariously liable for the actions of the nun. The court also ordered that the parties proceed with the trial of the case, with the amended pleadings being used as the basis for the trial. The court held that the Trustees would contribute one third of the damages payable, as agreed in the Heads of Agreement.