HIGH COURT OF AUSTRALIA
FRENCH CJ,
KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJPRINCE ALFRED COLLEGE INCORPORATED APPELLANT
AND
ADC RESPONDENT
Prince Alfred College Incorporated v ADC
[2016] HCA 375 October 2016
A20/2016ORDER
1.Appeal allowed with costs.
2.Set aside the order of the Full Court of the Supreme Court of South Australia made on 10 November 2015 and the order of that Court made on 24 March 2016, and in their place order that the appeal be dismissed with costs.
On appeal from the Supreme Court of South Australia
Representation
M C Livesey QC with B J Doyle and K G Handshin for the appellant (instructed by Wallmans Lawyers)
B W Walker SC with E Holmes for the respondent (instructed by Astrid Macleod Solicitor)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
FRENCH CJ, KIEFEL, BELL, KEANE AND NETTLE JJ. In 1962 the respondent was sexually abused by one Dean Bain. The respondent was then 12 years old and a boarder at the Prince Alfred College ("the PAC"). Bain was employed by the PAC as a housemaster. In December 2008 the respondent brought proceedings against the PAC in the Supreme Court of South Australia.
In those proceedings the respondent alleged that the PAC was liable in damages to him on three alternative bases: that it breached its non-delegable duty of care that it owed him; that it was negligent and breached its duty of care; and that even if the PAC was not itself at fault, it was vicariously liable for the wrongful acts of its employee, Bain.
This Court considered issues of this kind in New South Wales v Lepore[1], a case involving the sexual abuse of a child by a teacher at a school. The Court held, by a majority, that a school's non-delegable duty of care with respect to a pupil did not extend to the intentional criminal conduct of a teacher, in the nature of sexual abuse[2]. The question of the school's vicarious liability for those acts was also considered, but no majority view emerged from the judgments.
[2]New South Wales v Lepore (2003) 212 CLR 511 at 534-535 [36]-[39], 598-601 [254]-[263], 609-610 [292]-[295], 624 [340].
The respondent required an extension of time within which to bring the proceedings. Section 48 of the Limitation of Actions Act 1936 (SA) ("the Limitations Act") permits a court to extend the time prescribed for instituting an action. The power is discretionary. The respondent was required to show that it was just in all the circumstances for the court to extend the limitation period[3] and that the PAC would not be significantly prejudiced if the discretion was exercised in his favour[4].
[3]Limitation of Actions Act 1936 (SA), s 48(3)(b).
The…
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- Case
- [2016] HCA 37
- Decision Date
CaseChat Overview and Summary
The legal issues before the High Court included the principles governing an employer's vicarious liability for the intentional criminal acts of an employee, specifically whether the employment provided the "occasion" for the wrongdoing or placed the employee in a "special position" relative to the victim. Additionally, the Court had to determine the correct approach to exercising discretion for an extension of time in personal injury matters, particularly where there was extraordinary delay, potential deficiencies in evidence due to the passage of time, and the absence or death of witnesses.
The High Court allowed the appeal, setting aside the orders of the Full Court. The Court reasoned that the primary judge had correctly concluded that PAC was not vicariously liable for Bain's abuse. The Court found that while Bain's employment as a housemaster provided him with the opportunity to abuse ADC, his criminal acts were not so closely connected with his employment that they could be considered to have occurred in the course of his employment. The Court also upheld the primary judge's decision to grant an extension of time for ADC to bring his claim, finding that it was just and fair in all the circumstances, despite the delay and evidentiary challenges. The Court noted that the principles of vicarious liability were relevant to assessing the possibility of a fair trial on the merits, which is a key consideration for an extension of time.
Orders
Orders of the court
1. Appeal allowed with costs.
2. Set aside the order of the Full Court of the Supreme Court of South Australia made on 10 November 2015 and the order of that Court made on 24 March 2016, and in their place order that the appeal be dismissed with costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: FRENCH CJ, KIEFEL, BELL, KEANE AND NETTLE JJ, GAGELER AND GORDON JJ
Full text does not contain this section.