Ex-pupil sues elite school Knox Grammar for alleged abuse

One of Sydney’s most prestigious schools is facing a fresh lawsuit over historic sex assault claims.

Knox Grammar in Sydney’s north. Picture: Troy Snook

One of Sydney’s most prestigious schools, Knox Grammar, is facing a fresh lawsuit over historic sexual assault allegations.

Former student Phillip Ashworth alleges that between 1980 and 1981, English teacher Adrian Nisbett sexually abused him on multiple occasions.

He will also claim Knox, via the Uniting Church entity that controls its ­assets, “knowingly or recklessly” covered up the abuse.

A statement of claim filed in June last year alleges Nisbett used his position of authority to groom Mr Ashworth by regularly spending “private time” with him when he was a boarder, telling him he was his friend, giving him special privileges, and plying him with ­alcohol.

During their unofficial “counselling” sessions, it is alleged Nisbett told Mr Ashworth it was acceptable for him to engage in sexual acts with other children while he looked on. Mr Ashworth’s lawyers will claim that Nisbett ­allegedly used the meetings as an opportunity to direct their client to masturbate in front of the teacher and perform oral sex on Nisbett and other children at the school.

Nisbett, who in October 2010 pleaded guilty to committing acts of indecency on three Knox students and was given a suspended sentence, ­became a key focus at the Royal Commission into Institutional Responses to Child Sex Abuse. He was called to give evidence but failed to appear.

He is now working beyond the reach of the inquiry, on a cheetah reserve in Namibia.

The statement of claim also contends Knox, including former principal Ian Paterson, was ­“negligent” and “breached their duty of care” by failing to remove Nisbett as a teacher or report the ­alleged incidents to authorities.

By 1984, the principal allegedly knew Nisbett had “inappropriately touched” children at the school, was inviting them into his private bedroom to change into their sports gear and was sexually abusing students in the school’s photography darkroom.

It also claims that in 1990, Mr Paterson permitted Nisbett to ­occupy a position in the boarding house despite “knowing” he had behaved inappropriately to the boys.

The statement of claim, filed with the NSW Supreme Court, also alleges the school breached its duty of care by providing certificates of service to teachers who voluntarily resigned and were “known” to have sexually abused children.

A 104-page royal commission report into the abuse, released in June 2016, found Mr Paterson “deliberately withheld information” from a police officer who was investigating sex abuse allegations at the school.

It also found Mr Paterson failed to notify the parents of the ­alleged child victims or Knox Grammar’s school council.

Mr Ashworth’s lawyers will argue Knox was “motivated by a desire to protect its own financial and reputational interests over and above those of the children for whose care they had … ­assumed in exchange for substantial fees”.

Mr Ashworth, who is seeking financial compensation, has since developed depression, anxiety, drug abuse issues, and post-traumatic stress disorder.

“Phillip is struggling to accept the total ­denial of liability for the actions of the … staff members at Knox and it is having a serious ­effect upon him,” his lawyer Ross Koffel told The Australian yesterday.