SR v Trustees of the De La Salle Brothers

The plaintiff, SR, sued the Trustees of the De La Salle Brothers for negligence and vicarious liability, following historical sexual assault committed by a member of the De La Salle Brothers religious order. The case was heard in the Supreme Court of Victoria. The plaintiff alleged that the defendant religious order failed to take reasonable steps to protect him from sexual abuse by a member of the order during his time at a Catholic school in the 1970s. The plaintiff sought damages for the harm caused by the abuse, as well as aggravated damages for the manner in which the abuse was perpetrated.

The legal issues before the court included whether the defendant could be held vicariously liable for the actions of the member of the religious order who committed the abuse, and whether the plaintiff's claim was statute-barred due to the passage of time since the abuse occurred. The court also had to consider the appropriate amount of damages to award the plaintiff, including whether to grant aggravated damages. The court found that the defendant was vicariously liable for the actions of the member of the religious order who committed the abuse, as the member was acting in the course of his employment at the time of the abuse. The court also found that the plaintiff's claim was not statute-barred, as the limitation period for bringing a claim for negligence did not begin until the plaintiff became aware of the extent of his injuries. In relation to damages, the court found that the plaintiff was entitled to both compensatory and aggravated damages. The court awarded the plaintiff $600,000 in compensatory damages for the harm caused by the abuse, as well as $100,000 in aggravated damages for the manner in which the abuse was perpetrated. The court noted that the aggravated damages were awarded due to the particular cruelty and inhumanity of the abuse, which involved a breach of trust and abuse of a position of authority.

The final orders of the court included the award of damages to the plaintiff, as well as costs of the proceedings. The court ordered the defendant to pay the plaintiff $700,000 in total, comprising $600,000 in compensatory damages and $100,000 in aggravated damages. The court also ordered the defendant to pay the plaintiff's costs of the proceedings, which were assessed at $150,000. The defendant was granted leave to appeal the decision to the Court of Appeal.