RC v The Salvation Army (Western Australia) Property Trust [2023] WASCA 29 (on eCourts).
With thanks to Nicholas Bentley for drawing attention to this decision, which arose from a stay order. The alleged abuse arose in 1959/1960, the person to whom the abuse was said to have been reported died in 1968 and the alleged perpetrator died in 2006.
As may be expected, the appellate decision addresses the detailed factual evidence and earlier court decisions in detail.
A vicarious liability issue was also addressed ([141]) which touched on two recent Victorian decisions (now on appeal). It was not necessary for the court to decide that point.
Leave to appeal was granted but the appeal was dismissed. Leave was not granted in relation to the cross appeal on costs.
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