Oyston v St Patrick's College

[2013] NSWCA 135

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Oyston v St Patrick's College [2013] NSWCA 135

Hearing dates:

11, 12, 13 March 2013

Decision date:

27 May 2013

Before:

Macfarlan JA at [1];
Barrett JA at [2];
Tobias AJA at [3]

Decision:

Direct that the appeal be referred to the Registrar for the purpose of fixing a date for hearing of the outstanding issues of causation, damages and costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

TORTS - negligence - personal injury - psychiatric/psychological harm - appellant bullied and harassed by other pupils at high school - whether cross-appellant aware that cross-respondent was being bullied - whether inadequate implementation of bullying policies - whether primary judge erred in finding that cross-appellant breached duty of care towards cross-respondent

Legislation Cited:

Civil Liability Act 2002

Cases Cited:

Nationwide News Pty Ltd v Naidu; ISS Security Pty Ltd v Naidu [2007] NSWCA 377; (2007) 71 NSWLR 471
Roman Catholic Church Trustees for the Diocese of Canberra and Goulburn v Hadba [2005] HCA 31; (2005) 221 CLR 161

Category:

Principal judgment

Parties:

Jazmine Oyston (Appellant/Cross-Respondent)
St Patrick's College (Respondent/Cross-Appellant)

Representation:

Counsel:
H Marshall SC and G J Smith (Appellant/Cross-Respondent)
R Sheldon SC and S Glascott (Respondent/Cross-Appellant)
Solicitors:
Lough & Wells Lawyers (Appellant/Cross-Respondent)
Makinson & d'Apice (Respondent/Cross-Appellant)

File Number(s):

CA 2012/16667

 Decision under appeal 

Citation:

[2011] NSWSC 269

Date of Decision:

2011-04-13 00:00:00

Before:

Schmidt J

File Number(s):

SC 2007/265225

Judgment

1. MACFARLAN JA: I agree with Tobias AJA.

1. BARRETT JA: I agree with Tobias AJA.

1. TOBIAS AJA: The appellant, Jazmine Oyston, was a student at St Patrick's College, Campbelltown ("the College") from 2002 to February 2005. In 2007, she brought a claim in negligence alleging that she had suffered psychological harm as a result of bullying by other students at the College.

1. On 13 April 2011, the primary judge, Schmidt J, gave judgment for the appellant. On 17 October 2011, her Honour made orders awarding damages in the sum of $116,296.60, plus interest. In these proceedings, the appellant appeals against that award. The College cross-appeals on liability. The appeal was set down for a two-day hearing which was wholly taken up with argument on the issue of breach of duty. Accordingly, the Court determined, and the parties agreed, that that issue be determined before the other issues including that of causation. Thus, on 13 March 2013 the appeal and cross-appeal in so far as they related to the primary judge's findings on causation, damages and costs, were adjourned to a date to be fixed.

1. As the nature and content of the duty owed to the appellant was not…