New South Wales v DC [2017] HCA 22

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE AND GORDON JJ

STATE OF NEW SOUTH WALES APPELLANT

AND

DC & ANOR RESPONDENTS

New South Wales v DC [2017] HCA 22 14 June 2017 S35/2017

ORDER

1. Special leave to appeal in relation to ground 2 of the notice of appeal dated 23 February 2017 revoked.

2. The appellant pay the respondents' costs.

On appeal from the Supreme Court of New South Wales

Representation

N J Williams SC with I L Harvey and L A Coleman for the appellant (instructed by Crown Solicitor (NSW))

A S Morrison SC with J R K Pryde and N F Morrissey for the respondents (instructed by Graham Jones Lawyers)

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

CATCHWORDS

New South Wales v DC

Negligence – Duty of care – Statutory power to report abuse of child to police – Where duty of care in exercise of statutory powers conceded – Where scope or extent of duty disputed – Where primary judge found that no authority acting reasonably could regard failure to report abuse to police as reasonable exercise of statutory powers in present case – Where State conceded that only reasonable exercise of statutory powers in some cases may be to report abuse to police – Whether appropriate in light of concessions to consider scope or extent of duty – Special leave to appeal revoked.

Tort – Vicarious liability – Where State conceded vicarious liability for breach of duty of care – Where statute providing for vicarious liability of Crown not in force – Where concession may not have reflected applicable law at relevant times – Special leave to appeal revoked.

Words and phrases – "duty of care", "scope or extent of duty", "statutory discretionary power", "vicarious liability".

Child Welfare Act 1939 (NSW), Pt XIV, s 148B(5). Civil Liability Act 2002 (NSW), s 43A. Law Reform (Vicarious Liability) Act 1983 (NSW), s 8.