STRATH v. STATE OF NEW SOUTH WALES [2000] NSWCA 288

New South Wales Court of Appeal

CITATION : STRATH v. STATE OF NEW SOUTH WALES [2000] NSWCA 288 FILE NUMBER(S) : CA 40376/99 HEARING DATE(S) : 13/10/2000 JUDGMENT DATE : 3 November 2000

PARTIES : Steven Strath formerly known as Steven Orle, by his Tutor, the Protective Commissioner (Appellant) State of New South Wales (Respondent) JUDGMENT OF : Sheller JA at 1; Powell JA at 2; Stein JA at 52

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CLD17586/85 FILE NUMBER(S) : LOWER COURT Master Malpass JUDICIAL OFFICER :

COUNSEL : M.F. Holmes QC/M.A. Elkaim (Appellant) Ms. R.S. McColl SC/G.A. Laughton (Respondent) SOLICITORS : McLaughlin & Riordan (Appellant) I.V. Knight, State Crown Solicitor (Respondent) CATCHWORDS : NEGLIGENCE - Liability of State for injury sustained in grounds of State primary school - Injury sustained by pupil of school playing in school grounds outside school hours - Pupils and parents previously advised school grounds "out of bounds" outside school hours - Pupil injured when fell while playing on a "fort" erected in school grounds - At trial the pupil's case was that the "fort" was dangerous because the ground surface around and under it was inadequate to provide "a soft landing" in the event of a child jumping or falling from it. - D DECISION : Appeal dismissed.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA0 40376/99 CLD 17586/85

SHELLER JA POWELL JA STEIN JA