Prince Alfred College Incorporated v ADCCitation:[2016] HCA 37Before:French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJDate:05 Oct 2016Case Number:A20/2016Read more

Prince Alfred College Incorporated v ADCCitation:[2016] HCA 37Before:French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJDate:05 Oct 2016Case Number:A20/2016Read more

The court held that, despite the extraordinary delay and deficiencies in evidence, it was just in all the circumstances to grant an extension of time for the personal injury claim. The court further held that the employer was vicariously liable for the intentional criminal acts of the employee, as the employment placed the employee in a special position of trust and authority over the victim, creating the occasion for the wrongdoing.

Parties
Claimant: Unknown Claimant; Respondent: Unknown Respondent (Boarding School)
Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Civil / Judgment
Outcome
extension of time granted; employer held vicariously liable
Legal Topics
Limitation of Actions, Extension of Time, Vicarious Liability, Personal Injury, Sexual Abuse, Discretion in Extension Applications
Tort Law Employment Law Procedural Law Limitation of Actions Extension of Time Vicarious Liability Personal Injury Sexual Abuse +1 more

Case Brief

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Parties

Unknown Claimant

Claimant

Unknown Respondent (Boarding School)

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether extension of time should be granted in personal injury matter despite extraordinary delay and deficiencies in evidence
  2. 2 Whether employer is vicariously liable for intentional criminal acts (sexual abuse) of employee committed in course of employment
  3. 3 Whether trial judge should determine all litigated issues

Ratio Decidendi

The court held that, despite the extraordinary delay and deficiencies in evidence, it was just in all the circumstances to grant an extension of time for the personal injury claim. The court further held that the employer was vicariously liable for the intentional criminal acts of the employee, as the employment placed the employee in a special position of trust and authority over the victim, creating the occasion for the wrongdoing.

Court Disposition

extension of time granted; employer held vicariously liable

Orders

  • Extension of time to bring proceedings granted
  • Employer found vicariously liable for employee's intentional criminal acts