State of New South Wales v T2 (by his tutor T1)

The State of New South Wales appealed to the Court of Appeal of New South Wales against a decision finding it liable for injuries sustained by T2, a student, who was attacked by other students outside school grounds after school hours. The attack was instigated by a student with a prior history of incidents. The alleged breaches of duty by the school involved a lack of teacher supervision and available staff assistance, as well as an inadequate risk assessment process.

The central legal issues before the Court of Appeal were whether the school owed a duty of care to T2 in relation to the attack that occurred outside school hours and beyond school grounds, and if so, whether that duty had been breached. The Court was required to determine the nature and scope of a school's duty of care in such circumstances and whether the school's actions or omissions met the required standard of care.

The Court of Appeal reasoned that while a school's duty of care typically extends to ensuring the safety of students during school hours and on school grounds, its scope can, in certain factual circumstances, extend to events occurring outside these parameters. The Court found that the specific facts of this case, including the history of prior incidents involving the instigating student and the potential for foreseeable harm, placed the situation at the borderline between defining the scope of the duty and determining whether a breach had occurred. Ultimately, the Court concluded that a breach of duty was established, and that this breach caused T2's injuries.

The appeal was dismissed, and the appellant, the State of New South Wales, was ordered to pay the respondent's costs.