Australian Capital Territory Schools Authority v Romel el Sheik [2000] FCA 931

FEDERAL COURT OF AUSTRALIA

Australian Capital Territory Schools Authority v El Sheik

[2000] FCA 931 NEGLIGENCE – personal injuries claim – injury suffered by schoolboy when kicked by schoolmate during lunchtime "playfight" – adequacy of supervision of pupils – whether there was a causal relationship between any inadequacy of supervision and injury suffered by plaintiff. Federal Court of Australia Act 1976 (Cth) s 27 Commonwealth of Australia v Introvigne (1982) 150 CLR 258 Petreski v Cargill (1987) 18 FCR 68 Minister for Immigration v Hamsher (1992) 35 FCR 359 AUSTRALIAN CAPITAL TERRITORY SCHOOLS AUTHORITY v EL SHEIK A71 of 1999 WILCOX, SPENDER and HIGGINS JJ CANBERRA DATE: 11 JULY 2000

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A71 of 1999

ON APPEAL FROM A JUDGE OF THE SUPREME COURT

OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: AUSTRALIAN CAPITAL TERRITORY SCHOOLS AUTHORITY

Appellant

AND: EL SHEIK

Respondent

ROMEL EL SHEIK

Cross Appellant

AUSTRALIAN CAPITAL TERRITORY SCHOOLS AUTHORITY

First Cross Respondent

RAYMOND LIVERMORE

Second Cross Respondent

JUDGES: WILCOX, SPENDER and HIGGINS JJ

DATE OF ORDER: 11 JULY 2000

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The appeal be upheld. 2. Orders 1, 4 and 5 made by Miles CJ in the Supreme Court of the Australian Capital Territory in matter SC190 of 1999 be set aside and in lieu thereof it be ordered that: (i) Judgment be entered for the first defendant against the plaintiff; and (ii) The plaintiff pay the first defendant's costs. 3. The cross appeal be dismissed. 4. The respondent, Romel El Sheik, pay the costs of the Australian Capital Territory School Authority and Raymond Livermore of the appeal and cross-appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.