Fazldeen v State of New South Wales [2025] NSWDC 41

District Court New South Wales

Medium Neutral Citation: Fazldeen v State of New South Wales [2025] NSWDC 41 Hearing dates: 24-27 February 2025 Date of orders: 7 March 2025 Decision date: 07 March 2025 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: (1) The Plaintiff's claim is dismissed. (2) Judgment for the Defendant. (3) The Plaintiff is to pay the Defendant's costs of the proceedings. Catchwords: NEGLIGENCE – Duty of care owed by school to a school student – Civil Liability Act – Formulation of risk of harm – Alleged inappropriate sexual relationship between 16-year-old school student and 22-year-old teacher's aide/administrative assistant – State alleged to be liable – Failure of other staff at school to report rumours to principal – Finding that sexual relationship did not occur – Observations as to breach of duty, causation, and damages EVIDENCE – Weight to be given to contested statements in business records when witnesses not called Legislation Cited: Crimes Act 1900 (NSW) s 73(3)(b) and (b1) Civil Liability Act 2002 (NSW) s 5B Evidence Act 1995 (NSW) s 69 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Category: Principal judgment Parties: Jordon Fazldeen (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: G Smith (Plaintiff) K Doherty (Plaintiff) A Williams (Defendant)

Solicitors: Beilby Poulden Costello (Plaintiff) Makinson D'apice (Defendant) File Number(s): 2023/208198 Publication restriction: Nil