Zreika v State of New South Wales

The Court of Appeal of New South Wales heard an appeal by Mr Zreika against the State of New South Wales concerning an alleged breach of duty of care by the prison authority. Mr Zreika had been assaulted in a prison yard, and the central dispute revolved around whether the general supervisory measures in place for inmates within the prison yard were adequate to prevent such an incident.

The primary legal issue before the court was whether the State of New South Wales, as the prison authority, had breached its duty of care owed to Mr Zreika by failing to implement sufficient supervisory measures in the prison yard, thereby causing his assault. The court was also required to consider whether the trial judge had made errors of fact and law in their determination of the case.

The court applied the principles established in *State of New South Wales v Bujdoso* (2005) 80 ALJR 236, which deals with the duty of care owed by prison authorities. The court found that the general supervisory measures were not adequate and that the State had breached its duty of care. Consequently, leave to appeal was granted, the appeal was allowed, and the verdict entered for the State at first instance was set aside. Judgment was entered for Mr Zreika for damages to be assessed, with the matter remitted to the District Court for this assessment, subject to a mediation process. The State was ordered to pay Mr Zreika's costs of the appeal and the trial.