Abraham bht Abraham v St Mark's Orthodox Coptic College and Ors [2006] NSWSC 1107

New South Wales Supreme Court

CITATION : Abraham bht Abraham v St Mark's Orthodox Coptic College and Ors [2006] NSWSC 1107

HEARING DATE(S) : 6-9 September 2005; 12 & 13 September 2005

JUDGMENT DATE : 24 October 2006

JURISDICTION : Common Law

JUDGMENT OF : Rothman J at 1

DECISION : (i) Verdict for the cross-defendant on the cross-claim; (ii) The first and second defendants are jointly and severally liable in negligence to the plaintiff for the damage suffered by the plaintiff in his fall from a first floor balustrade on the premises of the College conducted by the defendants at or about 8.08 am on 23 August 2000; (iii) The amount of damage is to be reduced by 10 percent on account of contributory negligence of the plaintiff.

CATCHWORDS : Common Law - Personal Injury - duty of care owed by school to students - duty of care in before school hours - ad hoc supervision breached duty of care - risk not only foreseeable but foreseen - no duty of care owed by parents in that capacity - parent did not breach any duty by leaving child in school's care - contributory negligence of child - perception of risk by a 9 year old child - conduct of child in taking responsibility for own safety no less than could be reasonably expected - nevertheless, contribution awarded

Arnison v Smith (1889) 41 Ch.D.348 at 369 Berrigan Shire Council v Ballerini [2005] VSCA 159 Doubleday v KElly [2005] NSWCA 151 Geyer v Downs (1977) 138 CLR 91 Hahn v Conley (1971) 126 CLR 276 CASES CITED : March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 McHale v Watson (1966) 115 CLR 199 Podrebersek v AIS (1995) 59 ALJR 492 Posthuma v Campbell (1984) 37 SASR 321 R v Davies [2005] NSWSC 324 Robertson v Swincer (1989) 52 SASR 356 The Commonwealth v Introvigne (1982) 150 CLR 258