Cox v State of New South Wales

Cox and another v State of New South Wales involved the plaintiff, who alleged that he suffered severe anxiety symptoms due to being bullied at primary school. The plaintiff's mother reported the bullying to school authorities, but no action was taken. The court had to determine whether the State owed a duty of care to the plaintiff and whether the plaintiff's psychiatric harm was caused by the school's failure to take appropriate action. The court also had to consider the reliability of the mother's evidence, despite some discrepancies, and whether the mother's own psychiatric condition was relevant to the identification of the plaintiff's psychiatric disability.

The court found that the State did owe a duty of care to the plaintiff and that the school's failure to take appropriate action caused the plaintiff's psychiatric harm. The court accepted the mother's evidence as reliable, despite some discrepancies, and found that the mother's own psychiatric condition was not relevant to the identification of the plaintiff's psychiatric disability. The court also found that the plaintiff was entitled to compensation for non-economic loss, economic loss, and superannuation, but that the award should be discounted for vicissitudes. The court found that the mother's hearsay evidence was admissible under an exception to the hearsay rule, as the person who made the representation was competent to give evidence of the asserted fact, despite having no recollection of the asserted fact.

The court ordered the State to pay the plaintiff compensation for non-economic loss, economic loss, and superannuation, but discounted the award for vicissitudes. The court also ordered the State to pay the plaintiff's legal costs. The court found that the mother's hearsay evidence was admissible and that the plaintiff was entitled to compensation for his psychiatric harm. The court's decision highlights the importance of schools taking appropriate action to prevent bullying and the potential liability of the State for failure to do so.