KADY v THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE ARCHDIOCESE OF SYDNEY [1997] NSWCA 170

KADY v THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE ARCHDIOCESE OF SYDNEY

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SHELLER, COLE and BEAZLEY JJA 3 February 1997, 19 February 1997

[1997] NSWCA 170

NEGLIGENCE — duty of care — particular relationships — teacher and pupil — high school sports carnival — high jump event — whether failure to provide sufficient training, supervision and equipment

On 25 August 1983 the appellant, then a high school student, broke his right forearm when taking part in the high jump event during a school sports carnival. The school was conducted by the respondent trustees. The appellant sued the respondent for negligence said to have been the cause of his injury. The trial Judge found that in making the attempt to jump, the appellant ran through the cross-bar without jumping and fell, causing the bar to come between his arm and the landing mat. His Honour held that the appellant had failed to discharge the onus of proof regarding a breach of duty owed to him by the respondent, and accordingly gave a verdict for the respondent.

The appellant appealed against the verdict, and also against the assessment of damages carried out by the trial Judge in the event his verdict should be wrong. The issues on appeal were:

1. whether accepting the respondent's evidence, as his Honour did, the respondent provided adequate training and supervision for the safe conduct of a high jump contest;

2. whether the respondent provided appropriate or adequate equipment.

Held:

There was no basis upon which the trial Judge's conclusions could be successfully challenged.

Richards v State of Victoria [1969] VR 136 at 141 per Winneke CJ referred to.

Sheller JA INTRODUCTION

On 25 August 1983, the appellant, Robert Kady, then a school student, broke his right forearm when taking part in the high jump event during a sports carnival at the Patrician Brothers High School, Granville a school conducted by the respondent trustees. The appellant sued the respondent for negligence said to have been the cause of his injury. The particulars of negligence included failure to provide sufficient equipment, instruction and supervision to enable the appellant to high jump with safety. His Honour Judge Twigg QC heard the proceedings over four days in April and two further days in August and September 1994, and on 21 October 1994 gave a verdict for the respondent.