In BYM v The Corporation of The Trustees of The Roman Catholic Archdiocese of Brisbane (No 2) [2024] QSC 106, the plaintiff, BYM, brought a claim against the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane trading as Brisbane Catholic Education for damages attributable to psychiatric injury due to an alleged assault. The allegations centred on claims of child sexual abuse, purportedly occurring while BYM was a student at a school operated by the defendant, committed by an individual employed in a position of authority. The Court, presided over by Williams J, meticulously evaluated the credibility of the plaintiff and other witnesses against the burden of proof required in civil cases involving serious allegations of criminal conduct, ensuring alignment with precedents including Briginshaw v Briginshaw and considerations for extended periods over which alleged historical assaults and delayed disclosures occurred. Despite acknowledging the plaintiff suffered from significant psychiatric conditions, the Court dismissed BYM's claims due to a lack of persuasive evidence and substantial inconsistencies in testimonies and previous statements. Additionally, the defendant was not found vicariously liable, as the Court determined there was no sufficient connection between the employment role of the alleged abuser and the alleged wrongful acts. The decision on costs was reserved, and instructions were provided for agreed redactions in a subsequent publicly available version of the judgement.
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