JK v State of New South Wales [2014] NSWSC 1084

Supreme Court New South Wales

Medium Neutral Citation: JK v State of New South Wales [2014] NSWSC 1084 Hearing dates: 5/06/2014 Decision date: 14 August 2014 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The cross defendant is to pay the cross claimant the sum of $472,500. (2) The cross defendant is to pay interest on the sum of $472,500 as from today's date. (3) The cross defendant is to pay the cross claimant's costs of this application as agreed or assessed. Catchwords: TORTS - negligence - non delegable duty - vicarious liability - whether school can receive indemnity or contribution from a teacher following the school entering into a settlement with student following the teacher's criminal misconduct towards the pupil Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil Liability Act 2002 (NSW), s 5B Employees Liability Act 1991 (NSW), ss 3, 5 Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Teaching Service Act 1980 (NSW), Pt 4, Div 6 Cases Cited: Amaca Pty Ltd v New South Wales [2003] HCA 44; (2003) 199 ALR 596; (2003) 77 ALJR 1509 Kretschmar v State of Queensland (1989) Aust Torts Reports 80-272 McGrath v Fairfield Municipal Council [1985] HCA 33; (1985) 156 CLR 672; (1985) 59 ALR 18 Podrebersek v Australian Iron and Steel Pty Ltd [1985] HCA 34; (1985) 59 ALR 529 State of New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511 The Trustees of the Roman Catholic Church for the Archdiocese of Sydney v Kondrajian [2001] NSWCA 308 Unity Insurance Brokers Pty Ltd v Rocco Pezzano Pty Ltd [1998] HCA 38; (1998) 192 CLR 603 Texts Cited: Joshua Teague, Vicarious Liability: A comparative review of the common law after Ffrench (2008) 16 Tort L Rev 39 Category: Principal judgment Parties: JK (Plaintiff) State of New South Wales (First Defendant/Cross Claimant) QR (Fourth Defendant/Cross Defendant) Representation: Counsel: P Rooney (First Defendant/Cross Claimant) Solicitors: Hicksons (First Defendant/Cross Claimant) QR (Fourth Defendant/Cross Defendant in person) File Number(s): 2010/140793 Publication restriction: Nil