Abuse Law – Case Law Update – Negligence and Vicarious Liability in circumstances where there is a deceased perpetrator, and award of damages. 

In the matter of SR (a pseudonym) v Trustees of the De La Salle Brothers [2023] NSWSC 66, the plaintiff commenced court proceedings in negligence and vicarious liability against the Trustees of the De La Salle Brothers (“the De La Salle Brothers”). The plaintiff sought damages for his injuries and losses as a result of alleged sexual abuse suffered by the plaintiff whilst he was a student at De La Salle Revesby by a teacher, Mr Erol Swain (now deceased) in 1983/1984 when the plaintiff was in around Grade 6.   

The plaintiff alleged that the De La Salle Brothers were aware of the tendency for the perpetrator to abuse students, particularly on the basis that two parents had complained about the perpetrator’s conduct before the plaintiff was abused. The 1967 school principal, Brother Julian, was informed that the perpetrator was interfering with students. In response, Brother Julian conducted investigations into the allegation and determined that it was safer to keep the perpetrator at De La Salle Revesby because the school knew of the problem and, therefore, could ‘keep watch’ of the perpetrator.  

The defendant made a limited admission of breach and did not admit to the abuse on the basis that the perpetrator was deceased.  

Both medical experts in this matter agreed that the medical diagnoses were attributable to the abuse at De La Salle Revesby by Mr Swain.