Bujnowicz v Trustees Roman Catholic Church [2005] NSWCA 457

Reported Decision : (2005) Aust Torts Reports 81-824

New South Wales Court of Appeal

CITATION: Bujnowicz v Trustees Roman Catholic Church [2005] NSWCA 457

HEARING DATE(S): 16 November 2005

JUDGMENT DATE: 21 December 2005

JUDGMENT OF: Santow JA; Ipp JA; Tobias JA

DECISION: (a) Appeal allowed; (b) Set aside the verdict and orders made by Judge Geraghty on 14 December 2004 and in lieu thereof enter judgment for the appellant on the issue of liability; (c) Remit the proceedings to the District Court for the purpose of the assessment of damages; (d) The costs of the proceedings before Judge Geraghty to be reserved for determination by the Judge who determines the quantum of the appellant's damages; (e) The respondent to pay the appellant's costs of the appeal but to have a certificate under the Suitors' Fund Act 1951, if otherwise qualified

CATCHWORDS: NEGLIGENCE – Breach of duty – Duty of school to students – Where student injured while playing touch football on school grounds during lunch break – Where foot caught in pothole – Whether school breached duty to student – Whether school failed to respond to reasonably foreseeable risk of injury – Whether school should have had in place system of regular and close inspection

LEGISLATION CITED: N/A

Fairfield City Council v Petro [2003] NSWCA 150 Roads and Traffic Authority v McGregor [2005] NSWCA 388 Rosenberg v Percival (2001) 205 CLR 434 CASES CITED: Staines v Commonwealth of Australia (1991) Aust Torts Reports 81-106 Trustees of the Roman Catholic Church for the Archdiocese of Sydney v Kondrajian [2001] NSWCA 308 Wyong Shire Council v Shirt (1980) 146 CLR 40

Shane Bujnowicz by his tutor Julie Bujnowicz PARTIES: The Trustees of the Roman Catholic Church of the Archdiocese of Sydney