St Paul's College Ltd v Arthur Allan

2025/00272699

PROCEDURE – the applicant seeks leave to appeal orders made by the District Court granting leave to the respondent to file an amended statement of claim and dismissing the applicant’s motion to strike out the statement of claim. The proceedings relate to an allegation of sexual abuse by a boarding house master at St Paul’s College, Walla Walla, brought by a then 15-year old student. The respondent pleads claims for breach of a non-delegable duty of care and for vicarious liability. Following written and oral argument, the primary judge accepted that the respondent's Updated Amended Statement of Claim contained material facts, and complied with the relevant rules and applicable legal principles. The applicant contends that "[t]here is no pleaded material fact that the applicant knew of any previous abusive conduct" and that the respondent's case is "effectively that every school is obliged to take precautions against the risk that any teacher may at any time sexually abuse a student". The applicant states that even if this is maintainable, the "material facts" supporting the claim "must be identified" in order for "the defendant and the Court to know the case which the defendant has to meet". The applicant also observes that the "primary judge did not give adequate reasons for the finding".

Allan v Lutheran Church of Australia NSW District [2025] NSWDC 220