NSW Caselaw
New South Wales District Court
CITATION: Withyman v State of NSW & Anor [2010] NSWDC 186
HEARING DATE(S): 15/2/10-16/2/10, 22/2/10-1/4/10, 6/4/10-9/4/10, 29/6/10-9/7/10, 19/7/10-23/7/10, 16/8/10-19/8/10.
JUDGMENT DATE: 1 September 2010
JURISDICTION: Civil
JUDGMENT OF: Elkaim SC DCJ
CATCHWORDS: Sexual relationship between student and teacher - Liability of teacher and school - Damages for committing criminal acts.
LEGISLATION CITED: Evidence Act 1995 Civil Liability Act 2002
Commonwealth of Australia v Introvigne (1981-1982) 150 CLR 258 Gala v Preston (1991) 172 CLR 243 March v Stramare (1990) 171 CLR 506 Mobbs v Kain [2009] NSWCA 301 New South Wales v Ibbett (2006) 229 CLR 638 CASES CITED: New South Wales v Lepore [2003] 212 CLR 511 Richards v State of Victoria [1969] VR 136 Sangha v Baxter [2007] NSWCA 264 Singh v Minister for Immigration (2001) 109 FCR 152 Serobian v Commonwealth Bank of Australia [2010] NSWCA 181 SRA of NSW v Wiegold (1991) 25 NSWLR 500 Tabet v Gett [2010] HCA 12
David Maurice Withyman by his tutor Glenda Ruth Withyman (Plaintiff) PARTIES: State of New South Wales (First Defendant) Anna Blackburn (Second Defendant)
FILE NUMBER(S): 2008/00317901
Mr H J Marshall SC, Mr R J Sergi, Ms P Kerr (Plaintiff) COUNSEL: Mr A C Bridge SC (initially), then Mr P Blacket SC and Mr A B Parker (First Defendant) In Person (Second Defendant)
Kenny Spring Solicitors (Plaintiff) SOLICITORS: Hicksons (First Defendant) In Person (Second Defendant)
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