BYM v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane trading as Brisbane Catholic Education [2026] QCA 6 (Link to QLD judgments).
With thanks to Richard Douglas, for reporting that the special leave application by BYM was refused in this matter, which concerned an alleged sexual assault at a school by a groundskeeper.
The application did not raise a question of general importance and had insufficient prospects of success.
At trial, although the primary judge did not find the appellant to be an intentionally dishonest witness, her Honour made adverse findings as to the appellant’s credibility and reliability, ultimately concluding that she was not persuaded by the appellant’s evidence. In contrast, the primary judge found the evidence of CD – who gave evidence denying the alleged assault – to be honest, credible and reliable. The findings were no overturned on appeal.
Regarding vicarious liability, whilst CD was a member of staff and an adult at the respondent’s school, he did not have in the course of his employment any particular “authority, power, trust, control and the ability to achieve intimacy”.
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