6 Mar 2008
A (CA182/06) V THE ROMAN CATHOLIC ARCHDIOCESE OF WELLINGTON AND ORS CA CA182/06
- Citation
- openlaw-586ad36a_60e2_4c4b_99f0_472fc00790fa.pdf
- Court
- Court of Appeal
No s13 statutory agreement was found so the manager and Catholic Social Services did not have the statutory control analogous to the Superintendent in S v Attorney-General; accordingly vicarious liability for sexual abuse by holiday carers was not imposed. The duties owed by the Sisters of Mercy and Catholic Social Services did include taking reasonable steps to avoid emotional abuse, but on the facts there was no breach of those duties sufficient to establish causation for the appellant's psychiatric and personality disorders. Corporal punishment was, on balance, within contemporaneous stand…