Vandescheur v State of NSW

In *Vandescheur v State of NSW*, the plaintiff, a student, sued the defendant, the State of New South Wales, for injuries sustained during a schoolyard cricket game. The dispute concerned whether the teacher supervising the game owed a duty of care to the student and, if so, whether that duty was breached. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the supervising teacher breached their duty of care to the student by failing to adequately supervise the schoolyard cricket game, thereby causing the student's injuries. This involved determining the scope of the duty of care owed by a teacher to students during recreational activities and assessing whether the risk of injury was substantial and foreseeable.

The majority of the Court, comprising Giles and Fitzgerald JJA, found that there was a substantial risk associated with the activity and that the teacher had breached their duty of care. Cole AJA, however, dissented, finding that negligence had not been established. The majority's reasoning likely focused on the foreseeability of the risk of injury in a schoolyard cricket game and the adequacy of the supervision provided in light of that risk.

The appeal was allowed.