Case Summary: RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43

RC v The Salvation Army (Western Australia) Property Trust ¹ is a High Court decision which was handed down on 13 November 2024.

Background

RC (the Applicant) commenced proceedings in the District Court of Western Australia against the Salvation Army (Western Australia) Property Trust (the Respondent) on 15 November 2018. The Applicant alleged that he was sexually abused by Lieutenant Frank Swift whilst he resided at Nedlands Boys' Home between 1959 to 1960, at ages 12 and 13. He alleged that he reported the sexual abuse by Lieutenant Swift to Major Watson, the officer in charge of the Home, in 1960. The Applicant pleaded that the Respondent:

1. had breached its non-delegable duty to exercise reasonable care for the safety of the Applicant²;