NV v State of Tasmania [2026] TASSC 12 (Link to JADE)
With thanks to Angela Sdrinis for drawing attention to this judgment, which does not appear to have been published online as yet.
The plaintiff NV sued the State of Tasmania (D1) and Stephen Noga (D2), alleging abuse at a school operated by the first defendant at which the second defendant was a teacher. The plaintiff alleged abuse by the second defendant in 1981 leading to a pregnancy in 1981 / 82 when she was 17. The pregnancy was terminated. NV alleged that the sexual abuse continued after she left the school, until she was aged 23 years.
The second defendant denied the allegations of abuse, but said that he had a consensual relationship with her when aged 17 and older and was no longer a student at the school ([32]).
The Court accepted the plaintiff’s evidence though not all of the sexual contact was held to be tortious ([138], [217]).
The first defendant was not held to have breached its common law or statutory duty ([228]) so was not directly liable. However the first defendant was held vicariously liable for the acts of the second defendant ([220]). No breach of the first defendant’s non delegable duty was established ([220]).
Damages were calculated totaling about $1.6 million. Part of that judgment was only against the second defendant $200,000 (exemplary damages), however the majority of the judgment of about $1.4 million was entered against both defendants. The general damages component was $275,000 with aggravated damages of $150,000.
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