New South Wales v Lepore

The High Court of Australia considered the appeal of the State of New South Wales against a decision of the New South Wales Court of Appeal concerning allegations of sexual assault by a teacher against a pupil. The core of the dispute revolved around whether the school authority owed a non-delegable duty of care to the pupil and whether it was vicariously liable for the teacher's actions.

The legal issues before the High Court included determining the nature and scope of a school authority's non-delegable duty of care towards its students, particularly in relation to the risk of harm posed by its employees. The Court was also required to consider the principles governing vicarious liability, specifically whether the teacher's assault on the pupil occurred in the course of employment such that the school authority could be held vicariously liable. Furthermore, the Court had to address procedural issues arising from the trial, including whether necessary findings of fact had been made.

The High Court held that a school authority does owe a non-delegable duty of care to its students, which extends to ensuring that reasonable care is taken to prevent foreseeable harm, including harm caused by the tortious acts of its employees. However, the Court found that the trial judge had failed to make essential findings of fact necessary to determine liability, particularly regarding the circumstances of the assault and whether it occurred within the scope of the teacher's employment. Consequently, the Court concluded that a retrial was necessary to properly adjudicate the claims.

The appeal was allowed in part. The order of the Court of Appeal was set aside, and in its place, the judgment entered in the District Court was wholly set aside, with a new trial ordered. The appellant was ordered to pay the costs of the High Court appeal, and the costs of the new trial were to abide its outcome.