Province Leader of the Oceania Province of the Congregation of the Christian Brothers v Lawrence

[2021] WASCA 77

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Pre-judgment interest
3. › Statutory power to award
4. › Retrospective operation of statute conferring power
5. › Whether s 32(1) Supreme Court Act 1935 (WA) operates retrospectively to permit award of interest on causes of action accruing before commencement
6. › Presumptive rule of construction against retrospectivity
7. › Supreme Court Act 1935 (WA), s 32(1)
1. Damages
2. › Pre-judgment interest
3. › Child sexual abuse actions
4. › Liability of current office holder for historical abuse
5. › Whether liability under s 15B(3) Civil Liability Act 2002 (WA) limited to liability existing at time cause of action accrued
6. › Civil Liability Act 2002 (WA), s 15B(3)
7. › Civil Liability Legislation Amendment (Child Sexual Abuse Actions) Act 2018 (WA)
1. Damages
2. › Pre-judgment interest
3. › Exercise of discretion
4. › Whether primary judge failed to take into account material considerations
5. › Relevance of extraordinary nature of amending legislation
6. › Relevance of defendant's awareness of potential liability for interest
1. Damages
2. › Pre-judgment interest
3. › Calculation
4. › Rough and ready method
5. › Whether method properly applied where losses had ceased to accrue
6. › Whether full interest rate should apply after loss fully crystallised

Quick Take

Section 32(1) of the Supreme Court Act 1935 (WA) operates retrospectively to permit an award of pre-judgment interest on causes of action that accrued before the section came into effect on 20 June 1983, including in child sexual abuse actions brought under the CLLA Act 2018. Section 15B(3) of the Civil Liability Act 2002 (WA) does not limit the current office holder's liability to exclude pre-judgment interest that was not available when the cause of action originally accrued. When applying the 'rough and ready' method of calculating pre-judgment interest, the half interest rate should only be applied during the period losses are actually accruing; once the loss is complete, the full interest rate must be applied from that date to avoid systematic under-compensation. The question whether a defendant's historical immunity from suit is a relevant discretionary factor in awarding pre-judgment interest was left open.