Stanberg v State of New South Wales

Stanberg v State of New South Wales involved a claim by the Plaintiff against the Defendant, the State of New South Wales, for personal injuries sustained during a long jump event at the Plaintiff's primary school. The Plaintiff alleged that the school had failed to take adequate precautions against the risk of harm, resulting in the Plaintiff's injuries. The case was heard in the Supreme Court of New South Wales.

The court was tasked with determining whether the school had indeed failed to take adequate precautions and whether the Plaintiff could rely on the doctrine of res ipsa loquitur to establish causation. Additionally, the court had to consider the appropriate quantum of damages, if any, to be awarded to the Plaintiff. The key issue was whether the school had breached its duty of care towards the Plaintiff by not taking sufficient measures to prevent the injury during the long jump event.

The court found that the school had taken reasonable steps to ensure the safety of the students during the event. It was established that the event was supervised by qualified personnel and that appropriate safety measures were in place, including the use of sand pits to mitigate the risk of injury. The court held that the Plaintiff had not provided sufficient evidence to prove that the school had failed in its duty of care. The doctrine of res ipsa loquitur was not applicable as there was no clear indication that the injury could not have occurred without negligence. Consequently, the Plaintiff's claim for damages was dismissed.

The court ordered that judgment be entered in favour of the Defendant, the State of New South Wales. The Plaintiff was directed to pay the Defendant's costs. The court granted leave to either party to apply to vary the costs order, provided that such an application was submitted by the close of business on 11 October 2024.