Bird v DP (a pseudonym)

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJBISHOP PAUL BERNARD BIRD  APPELLANTANDDP (A PSEUDONYM)  RESPONDENTBird v DP (a pseudonym)[2024] HCA 41Date of Hearing: 14 March 2024Date of Judgment: 13 November 2024M82/2023ORDER1.Appeal allowed.2.Set aside orders 2 and 5 of the Court of Appeal of the Supreme Court of Victoria made on 3 April 2023 and, in their place, order that:(a)The appeal be allowed with costs; and(b)The orders made by the Supreme Court of Victoria on 25 January 2022 and 28 February 2022 be set aside and, in their place, order that the proceeding be dismissed with costs.3.The appellant pay the respondent's costs of and incidental to the application for special leave to appeal and the appeal to this Court.On appeal from the Supreme Court of VictoriaRepresentationB W Walker SC with A M Dinelli KC and A D James-Martin for the appellant (instructed by Colin Biggers & Paisley Lawyers)D R Campbell SC with G J Boas, J A G McComish and E H R Kelly for the respondent (instructed by Ken Cush & Associates)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSBird v DP (a pseudonym)Torts – Intentional torts – Vicarious liability – Where priest committed sexual abuse whilst carrying out pastoral duties as representative of Diocese – Where priest not agent or employee of Diocese – Whether Diocese vicariously liable for priest's sexual abuse – Whether vicarious liability extends beyond relationships of employment to...