Ejueyitsi v DEAKIN University

The applicant, Mr. Ejueyitsi, brought proceedings against Deakin University, alleging that the University had breached its duty of care to him by failing to provide a safe and supportive learning environment. The dispute arose from Mr. Ejueyitsi's experience as a student at the University, where he claimed to have suffered psychological harm due to alleged bullying and harassment by fellow students and staff, and a lack of adequate support from the University in addressing these issues. The matter was heard in the County Court of Victoria.

The central legal issue before the Court was whether Deakin University owed Mr. Ejueyitsi a duty of care in relation to his psychological well-being during his studies, and if so, whether that duty had been breached. Specifically, the Court was required to consider the scope of the duty of care owed by a university to its students, particularly concerning the prevention of harm arising from the conduct of other students and staff, and the adequacy of the University's response to complaints of such conduct.

Judge Whelan found that while a university does owe a duty of care to its students, this duty does not extend to protecting students from all foreseeable harm, particularly harm caused by the actions of third parties, such as other students. The Court held that the University's duty of care was limited to taking reasonable steps to prevent foreseeable harm that was within its control. In this instance, the Court determined that the alleged bullying and harassment, while regrettable, did not fall within the scope of the University's direct control or responsibility in a manner that would constitute a breach of its duty of care. The Court also considered the steps the University had taken in response to Mr. Ejueyitsi's complaints and found them to be reasonable in the circumstances.