Watt v State of New South Wales

The plaintiff, Watt, was assaulted by another prisoner while in custody at a New South Wales correctional facility, leading to a personal injury claim against the State of New South Wales. Watt alleged that the state was negligent in failing to protect him from the assault. The court had to decide whether the state owed a duty of care to protect Watt from the assault, whether there was a breach of that duty, and whether the state's defences and contributory negligence applied. Additionally, the court needed to determine the appropriate damages for Watt's non-economic and economic losses.

The court found that the state did owe a duty of care to protect Watt from the known violent prisoner, given the authorities' actual knowledge of the assailant's history. It was established that the state breached this duty of care by failing to confiscate the weapon used in the assault. The state's defence under section 54 of the Civil Liability Act 2002 was rejected as the plaintiff's injuries did not occur during or following conduct that constituted a serious offence. The court also found no contributory negligence on Watt's part for not entering protective custody.

The court concluded that the damages for Watt's non-economic loss were governed by the Workers Compensation Act 1987. For his economic loss, the court applied section 26E of the Civil Liability Act 2002, considering Watt's variable income and entrepreneurial activities, and allowed for damage to his reputation due to his arrest and remand in custody. The court awarded Watt compensation for his non-economic and economic losses, reflecting the specific circumstances of his case.

The court ordered the State of New South Wales to pay Watt damages for his non-economic loss as per the Workers Compensation Act 1987, and for his economic loss as determined by section 26E of the Civil Liability Act 2002. The court also considered the damage to Watt's reputation and included this in the overall compensation.