Lopez v Trustees of the Roman Catholic Church [2006] NSWDC 35

New South Wales District Court

CITATION: Lopez v Trustees of the Roman Catholic Church [2006] NSWDC 35

HEARING DATE(S): 4 September 2006

JUDGMENT DATE: 5 September 2006

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Damages awarded (compensatory, aggravated and exemplary); Costs orders in favour of plaintiff

CATCHWORDS: Bullying by fellow school students - Assault - Assessment of damages - Aggravated damages - Exemplary damages

Kemp v Alway [2003] NSWCA 123 CASES CITED: Lamb v Cotogno (1987) 164 CLR 1 State of New South Wales v Moss [2000] NSWCA 133

Jonar Lopez (Plaintiff) Trustees of the Roman Catholic Church for the Archdiocese of Sydney (First defendant) PARTIES: Leon Ip (Second defendant) Michael Tom (Third defendant) Tam Le (Fourth defendant) Anthony Kang (Fifth defendant)

FILE NUMBER(S): 3718/2003

Mr D Elliott (Plaintiff) COUNSEL: Ms Barker (First Defendant) The second, third, and fifth defendants were self-represented The fourth defendant did not appear

SOLICITORS: Gerard Malouf (Plaintiff) Makinson D'Apice (First defendant)

JUDGMENT

HIS HONOUR

Introduction 1. When Jonar Lopez was a student in Year 10 at school he was bullied and assaulted by four fellow students during June 2002.

2. As a result, Jonar Lopez was injured and suffered a significant psychiatric reaction that has interfered with his academic progress and impacted on his entry into the workforce and on his earning capacity.

3. He brought these proceedings claiming damages against the school and the four boys.

The proceedings 4. The plaintiff sued the school as first defendant in negligence. That claim has been settled as between the plaintiff and the first defendant.