Prince Alfred College Incorporated v ADC [2016] HCA 37

HIGH COURT OF AUSTRALIA

FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ

PRINCE ALFRED COLLEGE INCORPORATED APPELLANT

AND

ADC RESPONDENT

Prince Alfred College Incorporated v ADC [2016] HCA 37 5 October 2016 A20/2016

ORDER

1. Appeal allowed with costs.

2. Set aside the order of the Full Court of the Supreme Court of South Australia made on 10 November 2015 and the order of that Court made on 24 March 2016, and in their place order that the appeal be dismissed with costs.

On appeal from the Supreme Court of South Australia

Representation

M C Livesey QC with B J Doyle and K G Handshin for the appellant (instructed by Wallmans Lawyers)

B W Walker SC with E Holmes for the respondent (instructed by Astrid Macleod Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Prince Alfred College Incorporated v ADC

Limitation of actions – Extension or postponement of limitation periods – Extension of time in personal injury matters – Principles upon which discretion exercised – Where extraordinary delay – Where deficiencies in evidence due to passage of time – Where absence or death of witnesses – Where loss of documentary evidence – Where earlier decision by claimant not to institute proceedings – Whether just in all the circumstances to grant extension of time.

Tort – Vicarious liability – Course of employment – Where boarding school employed housemaster – Where housemaster sexually abused boarder – Consideration of correct approach to vicarious liability of employer for intentional criminal acts of employee – ­Whether employment gave "occasion" for wrongdoing – Whether employee placed in special position vis-à-vis victim – Whether features of special position warrant finding of liability.