State of New South Wales v. DC & Anor

Lower Court Judgment

10/08/2016 Supreme Court of New South Wales (Court of Appeal) (Basten JA, Ward JA, Sackville AJA)

[2016] NSWCA 198

Catchwords

Negligence – Duty of care – Vicarious liability – Where stepfather sexually abused respondents – Where Department removed respondents after receiving complaint from one of the respondents – Where stepfather continued to have contact with respondents – Children Welfare Act 1939 (NSW) s 148B – Whether appellant owed duty of care to respondents that extended to reporting allegations against stepfather to police – Whether Court of Appeal erred in failing to identify basis upon which appellant liable directly or vicariously in circumstances where no finding that any officer negligent.

Short particulars