Lepore v State of New South Wales & Anor [2001] NSWCA 112

Lepore v State of New South Wales & Anor [2001] NSWCA 112

A school authority owes a non-delegable duty of care to students to ensure their safety during school hours on school premises; this duty extends to intentional torts such as physical or sexual assault committed by teachers put in control of pupils, even if the authority and its other staff were not negligent in supervision.

Parties
Appellant: Angelo Lepore; First Respondent: State of New South Wales; Second Respondent: Trevor Alan Michell
Jurisdiction
Australia
Judgment Date
23 April 2001
Procedural Posture
Tort Appeal / Appeal From District Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Negligence, Non Delegable Duty of Care, Vicarious Liability, Intentional Torts, School Authority Liability, Sexual Assault and Abuse in Schools
Torts Education Law Negligence Non Delegable Duty of Care Vicarious Liability Intentional Torts School Authority Liability Sexual Assault and Abuse in Schools

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Parties

Angelo Lepore

Appellant

State of New South Wales

First Respondent

Trevor Alan Michell

Second Respondent

Procedural Posture

Tort Appeal / Appeal From District Court to Court of Appeal

Legal Issues

  1. 1 Does a school authority's non-delegable duty of care to students extend to intentional torts committed by an employee, such as sexual and physical assault?
  2. 2 What is the scope and content of the non-delegable duty of care owed by the State to school children in its care?
  3. 3 Was there a breach of this duty by the State in the circumstances where an employed teacher sexually and physically assaulted pupils?

Ratio Decidendi

A school authority owes a non-delegable duty of care to students to ensure their safety during school hours on school premises; this duty extends to intentional torts such as physical or sexual assault committed by teachers put in control of pupils, even if the authority and its other staff were not negligent in supervision.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Set aside verdict in favour of the first defendant; order that the trial as to damages include damages payable by the first defendant for negligence and by the second defendant for trespass.