MXS2 v Georges River Grammar School formerly known as St Paul's Choir School

In the recent decision of MXS2 v Georges River Grammar School, the plaintiff, MXS2, sought damages for alleged sexual abuse that occurred while he was a student at the defendant school. The case was heard in the Supreme Court of New South Wales. The primary dispute centred around whether the school was vicariously liable for the actions of a former choir master who allegedly abused the plaintiff. Additionally, the case involved a significant discussion about the appropriate method for assessing legal costs in this type of case.

The court was required to determine the liability of the school in relation to the alleged abuse and to assess the legal costs incurred by both parties. The key legal issues included whether the school could be held vicariously liable for the actions of an employee, and the appropriate manner in which to assess the costs of the proceedings. The court considered whether the costs should be assessed on a party-party basis or on a standard costs basis, and if a specified gross sum costs order was appropriate under section 98(4)(c) of the Civil Procedure Act.

The court found that the school was not vicariously liable for the actions of the choir master as the abuse occurred outside of the scope of his employment. The court rejected the plaintiff's application for assessed costs and instead made a specified gross sum costs order. This order was deemed appropriate due to the complexity and the length of the proceedings, as well as the unsuccessful nature of the plaintiff's claims. The court applied a discount to the amount claimed, reflecting the unsuccessful outcome of the litigation.

The final orders of the court included a specified gross sum costs order with a discount applied, and the dismissal of the plaintiff's claims against the school. This decision highlights the importance of considering the proportionality of costs in complex and unsuccessful litigation.