Farrah Hadba by her next friend and father Nouhad Hadba v; the Trustees of the Roman Catholic Church for the Diocese of Canberra and Goulburn (As St Anthony’s Primary School); and Australian Capital Territory

Farrah Hadba, an eight-year-old student at St Anthony's Primary School, sought damages for injuries sustained during a recess when she fell from a flying fox. The plaintiff claimed the school, managed by the Trustees of the Roman Catholic Church for the Diocese of Canberra and Goulburn, was negligent in failing to provide adequate supervision, leading to the accident caused by other students violating school rules. The plaintiff also sued the Australian Capital Territory for negligence in the initial hospital treatment. The second defendant conceded liability, resulting in a settlement of $15,000 plus costs. The core issue was whether the school's supervision of the playground equipment was adequate, considering the momentary breach of school rules by other students.

Justice Connolly examined the school's supervision policy, which rostered four teachers for recess duty, with two supervising the senior play equipment. The teacher responsible for the area where the accident occurred, Mrs. Pauline McNamara, was patrolling the play area but was momentarily distracted by students in a classroom, which she deemed a more immediate hazard. The court concluded that while the school had an appropriate policy and enforced it, the accident resulted from a momentary lapse in supervision due to the teacher's attention being diverted. The court found that the school's duty of care did not extend to requiring constant, sole supervision of each piece of playground equipment, emphasizing the need for a balance between supervision and fostering children's independence. The court ruled that the school had not breached its duty of care and dismissed the plaintiff's claim against the school with costs.

The court ordered judgment in favour of the plaintiff against the Australian Capital Territory in the sum of $15,000 with costs and judgment in favour of the first defendant against the plaintiff with costs.