New South Wales v Bujdoso

The appeal concerned the State of New South Wales, the appellant, and a prisoner, the respondent, who had been assaulted while in custody. The dispute centred on whether the State had breached its duty of care to the respondent by failing to adequately protect him from foreseeable harm. The matter was heard by the High Court of Australia.

The High Court was required to determine the scope of the duty of care owed by prison authorities to prisoners under their control, specifically whether the appellant had breached this duty by failing to adopt effective measures to prevent a foreseeable risk of injury to the respondent.

The Court reasoned that prison authorities owe a duty of care to prisoners to take reasonable steps to protect them from foreseeable risks of harm, including risks posed by other inmates. The evidence indicated that the appellant was aware of threats made against the respondent and that the respondent had been classified into a category that allowed for minimal supervision and participation in a work release program. Despite this knowledge and the respondent's classification, the appellant failed to implement sufficient measures to ensure his safety, leading to the foreseeable assault. The Court applied principles of negligence, focusing on the foreseeability of the risk and the reasonableness of the steps taken by the appellant to mitigate that risk.

The appeal was dismissed, and the appellant was ordered to pay the costs of the respondent.