Maitland-Newcastle Diocese was found to be directly and vicariously liable for the man’s abuse at the hands of a priest who taught scripture 55 years ago.
The man, who for legal reasons can only be referred to as AA, alleged he was abused by Fr Ron Pickin at Wallsend High School in the Hunter Valley. Fr Pickin died in 2015.
In a judgment published this week, Acting Supreme Court Justice Monika Schmidt said AA left school in year 10 and “had a difficult life afterwards”.
The court heard he was “unable to tell anyone about the abuse, not trusting anyone despite thoughts of the abuse and resulting anxiety having troubled him his whole life”.
AA sought damages and was represented by the Sydney law firm Koffels.
“AA is a landmark case in New South Wales, as the first judgment where the courts have found a diocese both negligent and vicariously liable for sexual abuse committed by a Catholic priest,” managing counsel Aaron Koffel said.
AA’s legal team argued it was a case of vicarious liability and that the diocese should be held legally responsible for Fr Pickin’s alleged acts because he was employed by it.
The diocese denied vicarious liability for the alleged abuse, which it said did not take place, and argued about what constituted employment.
Acting Justice Schmidt said vicarious liability had been established and that she was “satisfied that it must be concluded that AA was sexually assaulted by Fr Pickin”.
The judgement is the second of its type in Australia and similar to Victoria’s Bird v DP case.
That case is subject to an appeal, but Acting Justice Schmidt said, “the parties did not agree that judgment in this case should be stayed until that decision is given”.
“The hearing was expedited because AA is dying of motor neurone disease,” she said.
A further directions hearing is scheduled for next week.