The Court permanently stayed proceedings for damages arising from alleged sexual and physical abuse in state care during 1957-1967, holding that the death of all but one alleged perpetrator before the allegations were raised meant the State could not investigate the foundational facts or obtain instructions for its defence. The Court held that even though another witness (RS) claimed to have witnessed the sexual abuse, this evidence highlighted rather than cured the unfairness because the State could not obtain instructions from the deceased perpetrator about those allegations either.
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