The liability of the crown for the unlawful removal of aboriginal children from their families during the stolen generation is one step closer to the the High Court's consideration.
The Full Court of the Supreme Court of South Australia has today unanimously (Doyle CJ, Duggan and White JJ) dismissed the appeal against the decision of Gray J in Trevorrow v The State of South Australia [2007] SASC 285 which ordered substantial damages in favour of an aboriginal man who had been wrongfully and forcefully removed from his family and put into foster care.
We will discuss the matter in due course when the matter inevitably goes to the High Court but in the mean time it is worth noting that the plaintiff was successful in arguing that the State was liable in negligence as well as misfeasance in public office. However, the appeal against the trial Judge's finding that the State had breached a fiduciary duty to the plaintiff was allowed.
[Update 25/3/10: decision now available on Austlii.]
12 hours ago
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