Case Note: RC v The Salvation Army (Western Australia) Property Trust [2021] WADC 117

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By Luke Geary, Partner, Carlie Alcock, Senior Associate and Hannah Hall, Lawyer

RC v The Salvation Army (Western Australia) Property Trust, in which Mills Oakley acted on behalf of the successful Defendant, continues to develop the law concerning the administration of justice and institutional liability. Similar to Grant v Bird (Mills Oakley case note here), it was ultimately found that the Defendant was unable to meaningfully defend the Action brought against it. This was largely due to the absence of witnesses (including the death of the alleged perpetrator) as well as a lack of evidentiary records, which culminated in a distinct forensic disadvantage experienced by the Defendant. Gething DCJ found that it was unjustifiably oppressive to require the Defendant to meet the case brought against it and the Action was permanently stayed.

We have prepared a brief case note, which outlines:

  • The background of the matter;
  • The findings of the Court; and
  • Decision rationale.
For further information, please do not hesitate to contact us.

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