Catchwords:

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”.