Knapp v NSW [2006] NSWDC 84

New South Wales District Court

CITATION: Knapp v NSW [2006] NSWDC 84 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 3 & 4 August 2006

JUDGMENT DATE: 18 August 2006

JUDGMENT OF: Williams DCJ at 1

DECISION: Verdict for the defendant plus indemnity costs

CATCHWORDS: Assault and Battery - Negligence - School basketball practice - Minor injury - Refusal to accept medical reassurance - delay - damages

LEGISLATION CITED: Civil Liability Act s3B

NSW v Ibett 9(2005) NSWCA 445 McCracken v Melbourne Storm RLFC & ors (2005) NSWSC 107 Cole v Turner (1704) Holt KB 108, 90 ER 958 CASES CITED: Campbell v Samuels 23 SASR 389 Collins v Wilcock (1984) 1WLR 1172 Tuberville v Savage (1669) 1 MOD R 683 Tame v NSW (2002) 211 CLR 317 Jaensch v Coffey (1984) 155 CLR 549

PARTIES: Sheree Knapp State of NSW

FILE NUMBER(S): 5247/04

COUNSEL: Ms Phillips Mr Menary

SOLICITORS:

Judgment

PRELIMINARY

1. The plaintiff was a 15 year old schoolgirl attending the Hoxton Park High School. On the 8th February 2000 she, along with 15 or so other girls was attending a basketball try out on a court within the school. The try out was being conducted by Mr Mendez, a maths teacher.

2. Ms Knapp alleges that Mr Mendez threw a basketball at her without warning and it struck her on the right breast and she sustained injury. The cause of action is framed in assault in order to avoid the provisions of the Civil Liability Act but however there is also an alternate count in negligence.