Nobrega v Trustees of the Roman Catholic Church for the Archdiocese of Sydney (No 1)

The appellant, Nobrega, brought proceedings against the Trustees of the Roman Catholic Church for the Archdiocese of Sydney, alleging negligence arising from injuries sustained during a school outing. The matter was heard in the Supreme Court of New South Wales, Court of Appeal.

The primary legal issues before the Court of Appeal were whether the respondent owed a non-delegable duty of care to the appellant, the extent of that duty, and whether a breach of that duty had been established. The Court also considered the circumstances under which an appeal from the District Court lies and when leave to appeal is required.

The Court of Appeal found that the respondent did owe a non-delegable duty of care to the appellant, as is generally the case for school authorities in relation to their pupils. However, the Court determined that the evidence did not establish a breach of this duty. The appeal was accordingly dismissed.