Gray v State of Queensland

SUPREME COURT OF QUEENSLAND

CITATION:

Gray v State of Queensland [2000] QSC 465

PARTIES:

ANTHONY ROBERT GRAY
(plaintiff)
v
THE STATE OF QUEENSLAND
(defendant)

FILE NO:

1993 of 2000

DIVISION:

Trial Division

DELIVERED ON:

15 December 2000

DELIVERED AT:

Brisbane

HEARING DATE:

30-31 October, 1-3 and 6  November 2000

JUDGE:

Mullins J

ORDER:

The proceeding be dismissed.

CATCHWORDS:

TORTS – NEGLIGENCE – plaintiff injured playing schoolboy rugby league – claim for damages for personal injury and consequential loss and damage – whether school negligent based on a breach of duty of care owed to students – whether there was a risk of injury that was reasonably foreseeable.

Education (General Provisions) Regulations 1989
Workplace Health and Safety Act 1989
Commonwealth of Australia v Introvigne (1982) 150 CLR 258
Kretschmar v The State of Queensland (1989) Aust Torts Reports 80-272
Ramsey v Larsen (1964) 111 CLR 16
Richards v State of Victoria [1969] VR136
Wyong Shire Council v Shirt (1980) 146 CLR 40

COUNSEL:

K E Tronc for the plaintiff
M J Burns for the defendant

SOLICITORS:

Boyce Garrick for the plaintiff
Crown Solicitor for the defendant

1. MULLINS J:  The plaintiff was injured on Wednesday 15 April 1992 whilst playing rugby league at Goomeri for Gympie State High School in the under 15 team against Murgon State High School's under 15 team.  The plaintiff was punched in the course of the game by a Murgon player, Keith Gadd.  The plaintiff claims damages for personal injury and consequential loss and damage as a result of the negligence of and/or breach of statutory duty by the defendant. 

Background

1. The plaintiff was born on 11 July 1977 and was therefore 14 years old at the date of the incident.  He was born in Tasmania and moved with his parents and younger brother to Gympie in 1988.  He attended St Patrick's College for grade 8 and the first term of grade 9.  He commenced at Gympie State High School in the second term of grade 9. 

1. Prior to the incident, the plaintiff was a promising athlete, particularly the 100 metres and 200 metres sprints.  He was aiming for selection for a national youth team.  He also participated in other sports including soccer, basketball, swimming, cricket and, occasionally, netball. 

1. The plaintiff did suffer from anxiety symptoms prior to athletics competitions.  As a result of a recommendation by his coach, he was referred to psychiatrist Dr Marilyn Shrapnel whom the plaintiff consulted on 8 October 1991.  She described his presenting with anxiety symptoms prior to sports competition and experiencing examination anxiety which caused him to make mistakes.  She arranged to teach him some relaxation techniques to help him control his anxiety.   

1. The plaintiff was encouraged by other boys in his grade to play rugby league, because of his speed as a runner.  The plaintiff joined a rugby league club and the under 15 squad at school.  Prior to the incident, he had trained on one or two occasions for the club and played one club game in which…