ST1 v The State of New South Wales [2024] NSWSC 1534

ST1 v The State of New South Wales [2024] NSWSC 1534

Given the cross-defendant's conduct was a sexual assault that completely abused power and directly caused the plaintiff's damages, with no fault attributable to the State, complete indemnity for damages and costs is ordered against the cross-defendant.

Parties
Plaintiff: ST1; Defendant/cross Claimant: State of New South Wales; Cross Defendant: Wayne Astill
Jurisdiction
Australia
Judgment Date
29 November 2024
Procedural Posture
Civil / Judgment on Cross Claim/default Judgment
Outcome
Judgment for the State against the cross-defendant for $284,473.60, complete indemnity ordered, costs awarded, liberty to apply granted.
Legal Topics
Misfeasance in Public Office, Indemnity, Abuse of Power, Default Judgment, Cross Claim
Torts Public Law Misfeasance in Public Office Indemnity Abuse of Power Default Judgment Cross Claim

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Parties

ST1

Plaintiff

State of New South Wales

Defendant/cross Claimant

Wayne Astill

Cross Defendant

Procedural Posture

Civil / Judgment on Cross Claim/default Judgment

Legal Issues

  1. 1 Whether the cross-defendant should indemnify the State for damages and costs arising from misfeasance in public office
  2. 2 Whether a complete indemnity should be ordered or only partial contribution

Ratio Decidendi

Given the cross-defendant's conduct was a sexual assault that completely abused power and directly caused the plaintiff's damages, with no fault attributable to the State, complete indemnity for damages and costs is ordered against the cross-defendant.

Court Disposition

Judgment for the State against the cross-defendant for $284,473.60, complete indemnity ordered, costs awarded, liberty to apply granted.

Orders

  • Judgment for the State of New South Wales against the cross-defendant, Mr Wayne Astill, for $284,473.60.
  • Cross-defendant, Mr Wayne Astill, to indemnify the State of New South Wales for costs of proceedings brought against it by ST1, indemnity to take effect once costs ascertained.