Stanberg v State of New South Wales [2024] NSWDC 462

District Court New South Wales

Medium Neutral Citation: Stanberg v State of New South Wales [2024] NSWDC 462 Hearing dates: 30 September 2024, 1-2 October 2024 Date of orders: 4 October 2024 Decision date: 04 October 2024 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) Judgment for the Defendant (2) The Plaintiff to pay the Defendant's costs. (3) Grant leave to either party to apply to vary the costs order, providing such application is sent to the chambers of Judge Newlinds SC by the close of business on 11 October 2024. Catchwords: NEGLIGENCE – Personal injuries – Injury at primary school whilst Plaintiff engaged in long jump event – Risk of harm – Adequate precautions – Res ipsa loquitur – Causation – Damages – Held no failure by school to take adequate precautions against risk of harm Legislation Cited: Civil Liability Act 2002 (NSW) s 5B; s 5I Cases Cited: GIO (NSW) v Fredrichberg (1968) 118 CLR 403 Mummery v Irvings Pty Limited (1956) 96 CLR 99 Paul v Cooke (2013) 85 NSWLR 167 Phillis v Daly (1988) 15 NSWLR 65 Scott v London St Katherine Docks Co (1865) 159 ER 685; Tapp v Australian Bushmen's Campdraft & Rodeo Association Ltd (2022) 273 CLR 454 The Trustees of the Roman Catholic Church for the Archdiocese of Sydney v Kondrajian [2001] NSWCA 308 Category: Principal judgment Parties: Addison Stanberg by his Tutor Elise Stanberg (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: J Sleight (Plaintiff) C O'Neill (Defendant)