NEGLIGENCE - Duty of care to whom - Aborigines Welfare Board - Common Law duty of care to protect promote and maintain child placed in its control by mother - Whether a duty of care owed to plaintiff - Novel case - Test for recognition of duty - Whether such should be recognised - No duty of care - No breach of duty - No causation;
STATUTE - Aborigines Protection Act 1909-1943 - Whether giving rise to a private right of action - Private right of action not created
EQUITY - Fiduciary relationship - Whether fiduciary relationship between child ("ward") and the Aborigines Welfare Board under the Aborigines Protection Act - Nature of relationship scope and content of duty assuming a fiduciary relationship - Whether duty of care to prevent personal injury - Whether breach of fiduciary duty - Causation - Laches, prejudice and delay as "bars" to equitable relief if entitlement established
DAMAGES - No entitlement to damages - Difficulties in any compulation - Damages highly speculative - Assessment only done contingently to assist in event of Appeal and having regard to age and general ill health of plaintiff - No entitlement to aggravatory or exemplary damages
Case Details
Citation[1999] NSWSC 843
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
