Strath v New South Wales

The Supreme Court of New South Wales considered a claim in negligence brought by a pupil against the State of New South Wales. The pupil sustained an injury while playing in the grounds of a State primary school outside of school hours. Despite being previously advised that the school grounds were "out of bounds" during these times, the pupil was playing on a "fort" erected within the grounds when the injury occurred. The pupil's case at trial was that the "fort" was dangerous due to an inadequate ground surface around and beneath it, which failed to provide a "soft landing" in the event of a fall or jump.

The central legal issue before the Court was whether the State of New South Wales owed a duty of care to the pupil in these circumstances, and if so, whether that duty had been breached, leading to the pupil's injury. This involved determining the scope of the State's liability for injuries sustained by pupils on school property outside of school hours, particularly when the pupils had been informed that such access was prohibited.

The Court's reasoning focused on the established principles of negligence, including the existence and scope of a duty of care. It considered the foreseeability of harm and the reasonableness of the precautions taken by the State. The Court ultimately found that the State had not breached its duty of care to the pupil. The appeal was dismissed.