Dept of Education, Parkes High School v Howlett

The Department of Education, Parkes High School (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for injuries sustained by Mr. Howlett (the respondent), a student at Parkes High School, who suffered a fractured skull when he fell from a roof during a school excursion. The respondent alleged negligence on the part of the appellant in failing to adequately supervise him and in failing to ensure his safety during the excursion.

The Court of Appeal was required to determine whether the appellant owed a duty of care to the respondent, and if so, whether that duty had been breached. Specifically, the court considered whether the appellant had taken reasonable steps to prevent the respondent from accessing the roof and whether the level of supervision provided was sufficient in the circumstances. The court also had to assess whether any breach of duty caused or contributed to the respondent's injuries.

In its reasoning, the Court of Appeal affirmed that a school owes a duty of care to its students to take reasonable steps to protect them from foreseeable harm. The court found that the appellant had failed to discharge this duty. It was held that the supervision provided was inadequate, particularly given the known risks associated with the excursion and the age of the students. The court concluded that the appellant ought to have foreseen the likelihood of students accessing the roof and that reasonable steps should have been taken to prevent such access, including more direct supervision and clear instructions regarding prohibited areas. The court found that the appellant's negligence was a direct cause of the respondent's injuries.

The appeal was dismissed, and the decision of the Supreme Court in favour of the respondent was upheld.