SUPREME COURT OF SOUTH AUSTRALIA
(Full Court)
X v STATE OF SA (NO 3)
[2007] SASC 125
Judgment of The Full Court
(The Honourable Justice Duggan, The Honourable Justice Debelle and The Honourable Justice Gray)
5 April 2007
TORTS - NEGLIGENCE - ESSENTIALS OF ACTION FOR NEGLIGENCE - DUTY OF CARE - SPECIAL RELATIONSHIPS AND DUTIES - GOVERNMENT AND PUBLIC AUTHORITIES
Negligence - Parole Board - O, a convicted paedophile who had been released on licence pursuant to Criminal Law (Sentencing) Act 1988 s24, sexually assaulted boy aged nine years whilst on licence - whether Parole Board owed a duty of care to the appellant - if so, whether Parole Board in breach of duty of care.
Held, by majority, that no relevant duty of care owed. Appeal dismissed.
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - LOSS OF EARNINGS AND EARNING CAPACITY
Whether damages payable to appellant are limited by the fact that much of the harm suffered by the appellant was inflicted by O prior to the alleged breach of duty of care by the Parole Board.
PROCEDURE - COURTS AND JUDGES GENERALLY - JUDGES - IMMUNITY FROM PROCEEDINGS
Parole Board - attributes of the Parole Board - whether the Parole Board was immune from suit as a judicial or quasi-judicial body.
Correctional Services Act 1982 ss 55, 60, 60A, 62, 63, 64, 68, 73, 74, 74AA, 75; Criminal Law Consolidation Act 1935 ss 77a, 269O; Criminal Law (Sentencing) Act 1988 ss 23, 24; Crown Proceedings Act 1992 s 5; Prisons Act Amendment Act 1969 s 5; Statutes Amendment and Repeal (Sentencing) Act 1988 s 29; Correctional Services Act Amendment Act 1990 (SA) ., referred to.
Caledonian Collieries Ltd v Speirs (1957) 97 CLR 202; Crimmins v Stevedoring Industry Finance Committee (1999) 200 CLR 1; Dorset Yacht Co Ltd v Home Office [1970] AC 1004; Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540; Hill v Chief Constable of West Yorkshire [1989] AC 53; Hunter Area Health Service v Presland (2005) 63 NSWLR 22; New South Wales v Godfrey (2004) Aust Torts Reports 81 - 741; Pyrenees Shire Council v Day (1998) 192 CLR 330; Rowling v Takaro Properties Ltd [1988] AC 473; Stovin v Wise [1996] AC 923; Sutherland Shire Council v Heyman (1985) 157 CLR 424; Trapp v Mackie [1979] All ER 489; X (Minors) v Bedforshire County Council [1995] 2 AC 633, applied.
Adis v Crocker [1961] 1 QB 11; Anns v Merton London Borough Council [1978] AC 728; Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223; Atkins v Mays [1974] 2 NZLR 459; Barratt v Kearns [1905] 1 KB 504; Bretherton v Kaye and Winneke [1971] VR 111; Brodie v Singleton Shire Council (2001) 206 CLR 512; Brooks v Metropolitan Police Commissioner [2005] 2 All ER 489; Dawkins v Lord…
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- Case
- [2007] SASC 125
- Decision Date
CaseChat Overview and Summary
The legal issues revolved around the proper measure of damages for personal injuries and whether the trial judge had correctly assessed the plaintiff's loss of earnings and earning capacity. The plaintiff argued that the trial judge had erred in his assessment, while the defendant contended that the trial judge's decision was appropriate and within his discretion.
The court found that the trial judge's assessment of damages was appropriate and well within his discretion. The court dismissed the contention that the assessment was incorrect, noting that the trial judge had carefully considered all relevant factors. The court concluded that the trial judge's judgment dismissing the plaintiff's claim should be set aside and that judgment should be entered for the plaintiff in the amount of $381,750.00. The court further directed that the parties be heard regarding the terms of any consequential orders.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: DUGGAN J,
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