State of New South Wales v Finnan [2004] NSWCA 314

New South Wales Court of Appeal

CITATION : State of New South Wales v Finnan [2004] NSWCA 314 HEARING DATE(S) : 22 July 2004 JUDGMENT DATE : 10 September 2004

JUDGMENT OF : Sheller JA at 1; Santow JA at 2; Ipp JA at 41 DECISION : Verdict for the appellant with costs.

CATCHWORDS : LIABILITY - the respondent, while a school student in year 9, significantly injured his knee jumping over an eight foot gap between a railing fence and the ground whilst fleeing from the threat of a 'dead arm' from a fellow student - Whether breach of duty of care of supervising teacher to avert the accident - if breached did it cause relevant accident and consequential damage - Whether a higher percentage for contributory negligence should be substituted for the 15% awarded - Whether the award for future economic loss so excessive as to warrant appellate intervention. Commonwealth of Australia v Introvigne (1982) 150 CLR 258 CASES CITED : Hadba v The Trustees of the Roman Catholic Church for the Diocese of Canberra and Goulburn, (ACTCA 7 - 2003, 18 December 2003, unreported) Trustees of the Roman Catholic Church, Archbishop of Sydney v Kondrajian [2001] NSWCA 308 PARTIES : STATE OF NEW SOUTH WALES (Appellant) Steven FINNAN (Respondent) FILE NUMBER(S) : CA 41133/03 COUNSEL : P H GREENWOOD, SC/ D S WEINBERGER (Appellant) R S McILWAINE, SC/ E BEILBY (Respondent) SOLICITORS : Hicksons (Appellant) Beilby Poulden Costello (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 10526/01 FILE NUMBER(S) : LOWER COURT Norrish DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41133/03 DC 10526/01