Tort – Negligence – Duty of care – Non-delegable duty of care – Historic child sexual abuse – Where priest sexually abused appellant – Where appellant was child – Whether respondent liable to appellant for harm suffered – Whether respondent owed appellant duty of care – Whether respondent owed appellant non-delegable duty of care – Whether non-delegable duty of care owed in respect of harm caused by intentional conduct – Whether New South Wales v Lepore (2003) 212 CLR 511 should be re-opened and overruled – Whether sexual abuse by priest breached non-delegable duty causing harm – Whether limitations on damages by Civil Liability Act 2002 (NSW) applied.
Words and phrases – "assumed duties", "assumpsit duties", "assumption of responsibility", "attribution", "breach", "care, supervision or control", "causation", "common element", "common law duty of care", "control", "damages", "delegate", "duty-holder", "duty of care", "duty to ensure that reasonable care is taken", "factual findings", "imposed duties", "intentional conduct", "intentional criminal act", "liability", "negligence", "non-delegable duty of care", "personal injury", "presbytery", "priest", "re-opened and overruled", "re-opened and overturned", "reasonable care", "reasonably foreseeable", "sexual abuse", "sexual assault", "special dependence or vulnerability", "special relations", "sufficient relationship of proximity", "undertaking", "vulnerability".
Civil Liability Act 2002 (NSW), ss 3B, 3C, 5Q, 6F, Pts 1A, 1B, 2.