Cox v State of New South Wales [2007] NSWSC 471

Reported Decision : (2007) Aust Torts Reports 81-888

New South Wales Supreme Court

CITATION : Cox v State of New South Wales [2007] NSWSC 471

HEARING DATE(S) : 26 February 2007; 27 February 2007; 28 February 2007; 1 March 2007; 2 March 2007; 5 March 2007; 6 March 2007

JUDGMENT DATE : 14 May 2007

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

DECISION : (1) Verdict for the plaintiff; (2) Defendant to pay the plaintiff's costs of the proceedings; (3) Parties to bring in short minutes of order reflecting the findings and conclusions herein.

CATCHWORDS : TORT – NEGLIGENCE – personal injury – psychiatric/psychological harm – plaintiff bullied at primary school – reports of bullying to school authorities by plaintiff's mother – severe anxiety symptoms – reliability of mother's evidence – some discrepancies – no significance – duty of care – expert evidence – identification of psychiatric disability – causation – relevance of mother's own psychiatric condition - DAMAGES – non-economic loss – economic loss – superannuation – discount for vicissitudes - EVIDENCE – hearsay – exceptions to hearsay rule – whether person who made representation is competent to give evidence of asserted fact – no recollection of asserted fact

LEGISLATION CITED : Civil Liability Act 2002 ss 5D, 31 Evidence Act 1995 ss 59, 63

Geyer v Downs [1977] HCA 64; 138 CLR 91 Malec v J C Hutton Pty Ltd [1990] HCA 20; 169 CLR 638 March v E and M H Stramare Pty Ltd [1991] HCA 12; 171 CLR 506 Nader v Urban Transport Authority of NSW (1985) 2 NSWLR 501 CASES CITED : Ramsay v Larsen [1964] HCA 40; 111 CLR 16 Richards v Victoria [1969] VR 136 Ruddock v Taylor [2003] NSWCA 262; 58 NSWLR 269 Trustees of the Roman Catholic Church for the Diocese of Canberra and Goulburn v Hadba [2005] HCA 31; 221 CLR 161 Williams v Eady (1893) 10 TLR 41