MC v Casa Generalizia Della Societa Dei Missionari D'Africa Detti Padri Bianchi (White Fathers)

The plaintiff, MC, sued the defendant, Casa Generalizia Della Societa Dei Missionari D'Africa Detti Padri Bianchi, for negligence arising from historical child sexual abuse. The defendant did not appear in the proceedings. The plaintiff was sexually abused by an assistant priest in the 1970s, while living in an orphanage run by the defendant. The abuse occurred inside the church and in the private rooms of the presbytery. The primary legal issue was whether the defendant owed the plaintiff a duty of care, which was breached by failing to prevent the abuse.

The court held that the defendant owed the plaintiff a duty of care. The risk of harm was foreseeable, given the relationship between the plaintiff and the defendant. The court found that the defendant knew or ought to have known of the risk of harm. The defendant was aware of the assistant priest's inappropriate conduct but failed to take appropriate action. The court concluded that the defendant breached the duty of care owed to the plaintiff by failing to prevent the abuse. The court found the defendant liable for negligence and awarded the plaintiff damages.