BYM v The Corporation of The Trustees of The Roman Catholic Archdiocese of Brisbane (No 2)
[2024] QSC 106 · Williams J
A woman in her thirties sued a Catholic school operator claiming she had been sexually assaulted by a school groundsman in a toilet block when she was nine years old in 1999. She had a significant psychiatric condition that was not in dispute, and the parties had agreed during the trial that damages would be $1 million if the assault was proven. The main question was whether the assault actually happened, since there were no witnesses and the events were about 24 years earlier. The judge found the woman was genuinely distressed and not deliberately dishonest, but could not be satisfied the assault occurred, pointing to her admitted lies to treating psychologists, inconsistencies in her accounts, the implausibility of parts of her evidence, and the credible denial by the accused man. The judge also found that even if the assault had happened, the school would not have been legally responsible. The claim was dismissed and the woman recovered nothing.
Incident & injury
Alleged child sexual assault by a groundsman/cleaner in a school toilet block in 1999; claim against the school operator on vicarious liability and negligence (non-delegable duty) bases
- Body regions
- Psychiatric
- Diagnoses
- Significant psychiatric condition (not in dispute)
- Incident date
- 1999
- Location
- Catholic primary school, Queensland (school name suppressed)
Quick facts
- Date of judgment
- 30 May 2024
- Claim type
- Historical Abuse
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 9
- Occupation
- Teacher aide (formerly retail assistant); was a primary school student at time of alleged assault Student
- Liability
- Disputed
- Total damages
- $0
Outcome
The plaintiff alleged she was sexually assaulted by a school groundsman in 1999 when she was nine. Quantum was agreed at $1 million if the assault was proven, but the court found the plaintiff had not proved on the balance of probabilities (to the Briginshaw standard) that the assault occurred and reached no feeling of actual persuasion. The claim was dismissed; the court also found that, even if the assault had occurred, the defendant would not have been vicariously liable nor in breach of its non-delegable duty.
Defendant
1 The Corporation of The Trustees of The Roman Catholic Archdiocese of Brisbane trading as Brisbane Catholic Education
School operator / employer (alleged vicarious liability and non-delegable duty)
- Judgment against this defendant
- $0
Key issues
BYM v The Corporation of The Trustees of The Roman Catholic Archdiocese of Brisbane (No 2) [2024] QSC 106
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Learn more about institutional abuse claims and psychological injury claims in Queensland.