Gregory v State of New South Wales [2009] NSWSC 559

New South Wales Supreme Court

CITATION : Gregory v State of New South Wales [2009] NSWSC 559

HEARING DATE(S) : 10-21 November 2008; 2-11 February 2009

JUDGMENT DATE : 19 June 2009

JUDGMENT OF : Fullerton J

DECISION : Judgment in favour of the plaintiff.

CATCHWORDS : TORTS - negligence - personal injury - psychiatric/psychological illness - school bullying - causation - damages - non-economic loss - economic loss

LEGISLATION CITED : Civil Liability Act 2002

CATEGORY : Principal judgment

Boston Clothing Co Pty Ltd v Margaronis (1992) 27 NSWLR 580 Browne v Dunn (1893) 6 R 67 Davis v Council of the City of Wagga Wagga [2004] NSWCA 34 Malec v JC Hutton Pty Ltd [1990] HCA 20; 169 CLR 638 CASES CITED : Purkess v Crittenden (1965) 114 CLR 164 R v Storey (1978) 140 CLR 364 Ruddock v Taylor [2003] NSWCA 262; 58 NSWLR 269 State of New South Wales v Burton [2006] NSWCA 12 State of New South Wales v Moss [2000] NSWCA 536; 54 NSWLR 536 Watts v Rake (1960) 108 CLR 158

PARTIES : David Jonathan Gregory (Plaintiff) State of New South Wales (Defendant)

FILE NUMBER(S) : SC 2007/20256

COUNSEL : R McIlwaine SC/G Preston (Plaintiff) AC Bridge SC/M Fordham (Defendant)

SOLICITORS : Rhodes Legal (Plaintiff) Hicksons Solicitors (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

FULLERTON J

19 JUNE 2009

2007/20256 DAVID GREGORY v STATE OF NEW SOUTH WALES

JUDGMENT The Pleadings 1 The plaintiff seeks an award of damages to compensate him for the mental harm he suffered as an adolescent as a result of being subjected to bullying and other generalised mistreatment by fellow students at Farrer Memorial Agricultural High School ("Farrer") in breach of the duty of care the defendant owed him as a student under its care and control. He also claims damages for economic loss resulting from the impairment to his earning capacity over discrete periods since graduating from Farrer and extending into the future.