Oyston v St Patrick's College (No 2)

The appeal in *Oyston v St Patrick's College (No 2)* concerned a claim by the appellant, a former student, against the respondent school for psychological harm allegedly suffered as a result of the school's failure to adequately address bullying behaviour by other pupils. The case was heard in the Court of Appeal of New South Wales by Macfarlan and Barrett JJA and Tobias AJA.

The central legal issues before the Court of Appeal were whether the primary judge had erred in finding the school negligent in its handling of the bullying, and whether the damages awarded to the appellant were adequate.

The Court of Appeal allowed the appeal in part. It found that while the school had a duty of care to the appellant, the primary judge's assessment of damages was inadequate. The court set aside the original judgment and ordered that a new judgment be entered for the appellant in an amount to be determined by the parties. The respondent was ordered to pay the appellant's costs of the trial and the appeal, with a certificate under the Suitors' Fund Act 1951 to be provided for the appeal costs if the appellant qualified. The cross-appeal by the respondent was dismissed.