Roman Catholic Church Trustees for the Diocese of Canberra and Goulburn v Hadba

The appeal concerned a negligence claim brought by an eight-year-old student, Miss Farrah Hadba, against the Trustees of the Roman Catholic Church for the Diocese of Canberra and Goulburn, who operated St Anthony's Primary School. Miss Hadba suffered injuries when she was pulled from a flying fox by a fellow student during recess. The primary issue was whether the school authority had breached its duty of care to the student. The case reached the High Court of Australia following an appeal from the Supreme Court of the Australian Capital Territory's Court of Appeal.

The High Court was required to determine whether the standard of care owed by the school extended to providing constant supervision of playground equipment, and if so, whether such supervision was reasonably practicable. Furthermore, the court had to consider whether, even if a different system of supervision had been in place, it would have prevented the respondent's injuries.

The High Court allowed the appeal, setting aside the orders of the Court of Appeal. The majority of the High Court reasoned that the school had taken reasonable steps to ensure the safety of students using the flying fox. These steps included implementing a "hands off rule," instructing students on the proper and safe use of the equipment, and allocating teachers to supervise different areas of the playground. The court found that the school's system of supervision, while not involving constant, individualised monitoring of the flying fox, was a reasonable response to the risks involved, particularly given the age of the students and the nature of the equipment. The court concluded that the school had not breached its duty of care.