Zreika v State of New South Wales [2006] NSWCA 272

New South Wales Court of Appeal

CITATION: Zreika v State of New South Wales [2006] NSWCA 272

HEARING DATE(S): 29/09/06

JUDGMENT DATE: 29 September 2006

JUDGMENT OF: Beazley JA at 23 & 25; Ipp JA at 1; Bryson JA at 24

EX TEMPORE JUDGMENT DATE: 09/29/2006

DECISION: (1) Leave to appeal is granted (2) The appeal is allowed (3) Set aside the verdict entered for the opponent by Judge Ashford (4) Enter judgment for the claimant for damages to be assessed (5) Remit the matter to the District Court for the assessment of damages but prior to that remitter make an order under s 26(1) of the Civil Procedure Act 2005 (NSW) that the assessment of damages is referred for mediation to Registrar Schell (6) Direct the parties to attend upon Registrar Schell this afternoon for the appointment of a date for the mediation (7) The opponent/respondent is to pay the claimant/appellant's costs of the summons for leave to appeal and of the appeal and of the trial at first instance. Should the matter be remitted to the District Court for determination on the question of damages then that will follow the event but no order will be made for that matter at this stage (8) The claimant is directed to file a notice of appeal and to pay the filing fees thereon.

CATCHWORDS: NEGLIGENCE - assault on inmate in prison yard - whether prison authority breached its duty of care - whether general supervisory measures for inmates in the prison yard were adequate - causation - State of New South Wales v Bujdoso (2005) 80 ALJR 236 applied. - PRACTICE AND PROCEDURE - errors in fact and law by trial judge. ND

CASES CITED: State of New South Wales v Bujdoso (2005) 80 ALJR 236

PARTIES: Haysam Zreika (Claimant) State of New South Wales (Opponent)