BYM v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane (No 2

In this case, the plaintiff, BYM, sued The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane for damages arising from an alleged assault on school grounds. The plaintiff claimed damages for psychiatric injury based on vicarious liability and/or negligence. The dispute involved allegations of child sexual abuse and the defendants' potential liability for the alleged perpetrator's conduct.

The court had to determine whether the alleged assault occurred as claimed, whether the defendants were vicariously liable for the alleged perpetrator's actions, and if the assault had a sufficient connection to the employment. The court also examined if the alleged perpetrator was placed in a position of authority, power, and trust that enabled the assault. Finally, the court assessed whether the defendants breached their non-delegable duty of care to ensure the plaintiff's safety.

The court found that the plaintiff failed to meet the Briginshaw standard of proof on the balance of probabilities. The plaintiff's credibility and the reliability of other witnesses were central issues, and the court was not satisfied that the plaintiff's claims were true. The court also considered the significant delay between the alleged assault and the trial. As a result, the plaintiff's claim was dismissed. The parties were instructed to address the matter of costs and to agree on a schedule for redaction in the published version of the reasons by a specified date.