AA v. The Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle ABN 79469343054

Lower Court Judgment

15/04/2025 Supreme Court of New South Wales (Court of Appeal) (Bell CJ, Leeming and Ball JJA)

[2025] NSWCA 72

Catchwords

Negligence – Institutional liability for historical sexual abuse claims –  Claim brought against Diocese for sexual assaults alleged to have been perpetrated by an assistant priest in 1969  – Civil Liability Act 2002 (NSW) – s 5Q – Liability based on non–delegable duty – Part 1B – Liability of organisations –  Legal nature of defendant – Duty of care – Non–delegable duties – Whether Diocese could owe non–delegable duty of care for intentional criminal act of assistant priest.