Munting v Pollard & Anor [2024] TASSC 30 (Link to AUSTLII)
With thanks to Lucinda Gunning for drawing attention to this decision of the Supreme Court of Tasmania.
The plaintiff alleged that when student at a school operated by the State, she was the subject of abuse by a teacher (Pollard). The teacher, though initially represented, did not take place in the trial which proceeded against him as first defendant and against the State as third defendant.
The State accepted that it was vicariously liable for Pollard’s tortious conduct ([4]). The pleaded case against Pollard and moreso against the State was complex in parts, so a summary is not attempted here.
Significant awards were made against Pollard and the State for general damages and for loss of earning capacity. See the summary at [333].
The State had filed a notice of contribution, under which it was largely successful. The following orders were ultimately made:
(1) Judgment be entered for the plaintiff against the first defendant, Marcus Pollard, and the third defendant, the State of Tasmania, in the sum of $2,129,595.
(2) Judgment be entered for the plaintiff against the first defendant in the sum of $25,000.
(3) Judgment be entered for the plaintiff against the third defendant in the sum of $15,000.
(4) The third defendant be fully indemnified by the first defendant in respect of the judgment the subject of order (1).
(5) The claims made for contribution in the notices of contribution of the first defendant dated 20 September 2022 are dismissed.
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