Sheldrick v State of New South Wales

The appellant, a 14-year-old boy, appealed to the Court of Appeal of New South Wales against a finding of contributory negligence and the apportionment of liability made against him in proceedings concerning an accident that occurred on 22 February 1996. The appellant was injured while participating in a school cycling excursion.

The central legal issues before the Court of Appeal were whether the trial judge erred in finding the appellant contributorily negligent and, if so, whether the apportionment of that negligence was appropriate. The court was required to consider the appellant's age, experience, and the circumstances of the cycling excursion, including the level of instruction and supervision provided by the teachers, in determining whether his actions contributed to his injuries.

The Court of Appeal reasoned that while the appellant was young, he was of average intelligence and had some experience with cycling. The judge had found that the appellant was aware of the need to brake and had ridden to school daily, albeit on a less demanding route. The court considered that the appellant's decision to fall behind the group and his subsequent actions at the intersection, where the accident occurred, demonstrated a failure to exercise the degree of care expected of a reasonable 14-year-old in those circumstances. The court upheld the finding of contributory negligence, concluding that the appellant's conduct played a part in causing his injuries.

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