Bird v DP (a pseudonym)Citation:[2024] HCA 41Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:13 Nov 2024Case Number:M82/2023Read more

Bird v DP (a pseudonym)Citation:[2024] HCA 41Before:Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJDate:13 Nov 2024Case Number:M82/2023Read more

The Diocese is not vicariously liable for the priest's sexual abuse as the relationship was not sufficiently akin to employment, and the non-delegable duty argument could not be considered as it was not raised at trial.

Parties
Respondent: Diocese; Appellant: Priest
Jurisdiction
Australia
Judgment Date
13 November 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Vicarious Liability, Intentional Torts, Sexual Abuse, Non Delegable Duty
Tort Law Vicarious Liability Intentional Torts Sexual Abuse Non Delegable Duty

Case Brief

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Parties

Diocese

Respondent

Priest

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Diocese is vicariously liable for sexual abuse committed by a priest while carrying out pastoral duties
  2. 2 Whether vicarious liability extends beyond employment to relationships akin to employment
  3. 3 Whether a non-delegable duty can be relied upon on appeal when not pleaded or tested at trial

Ratio Decidendi

The Diocese is not vicariously liable for the priest's sexual abuse as the relationship was not sufficiently akin to employment, and the non-delegable duty argument could not be considered as it was not raised at trial.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • No order as to costs.