Sticker v NSW Department of Education & Communities [2014] NSWDC 37

District Court New South Wales

Medium Neutral Citation: Sticker v NSW Department of Education & Communities [2014] NSWDC 37 Hearing dates: 25, 26, 27 & 28 February 2014 (Last submission received 10 March 2014) Decision date: 17 April 2014 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $689,294; 2.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty to apply on 7 days notice if further orders are required. Catchwords: TORTS - workplace injury - primary school teacher sustained serious back injury in course of seeking to discipline misbehaving 8 year old traumatised refugee child with long history of behavioural problems including violence - whether employer negligent - whether contributory negligence of plaintiff; DAMAGES - assessment of claimed heads of damages Legislation Cited: Civil Liability Act 2002, s 3B Court Suppression and Non-Publication Orders Act 2010, s 8 Crown Proceedings Act 1988, s 5 Evidence Act 1995, s 60, s 80 Workers' Compensation Act 1987, s 151L Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 Medlin v State Government Insurance Commission [1995] HCA 5; (1995) 182 CLR 1 State of NSW v Moss [2000] NSWCA 133, (2000) 54 NSWLR 536 Strong v Woolworths Ltd [2012] HCA 5 Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 422 Wynn v NSW Insurance Ministerial Corporation [1995] HCA 53; (1995) 184 CLR 485 Wyong Shire Council v Shirt: [1980] HCA 12; (1980) 146 CLR 40 Category: Principal judgment Parties: Jeanette Sticker (Plaintiff) NSW Department of Education & Communities (Defendant) Representation: Ms E Welsh (Plaintiff) Mr J Catsanos (Defendant) Federation Law (Plaintiff) Berry Buddle Wilkins (Defendant) File Number(s): 2012/356133 Publication restriction: Suppression order in respect of name of school pupil referred to in the evidence as "X". This order extends to the mother of "X".