State of New South Wales v Sticker [2015] NSWCA 180

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Sticker [2015] NSWCA 180 Hearing dates: 8 May 2015 Decision date: 01 July 2015 Before: McColl JA at [1]; Gleeson JA at [2]; Leeming JA at [3] Decision: 1. Order that the name of the appellant be corrected to "State of New South Wales".

2. Appeal allowed.

3. Set aside the orders made on 17 April 2014.

4. The respondent to pay the appellant's costs of the appeal, but be given, if otherwise qualified, a certificate under the Suitor's Fund Act 1951 (NSW).

5. The parties are referred to court-annexed mediation. Such mediation is to occur by no later than 12 August 2015.

6. The parties are to attend upon the Registrar of the Equity Division of this Court forthwith to obtain a date for mediation.

7. After 12 August 2015 the matter, if unresolved at mediation, is remitted to the District Court for a new trial, such remitter to include determining the costs of the first trial before the primary judge. Catchwords: NEGLIGENCE - vicarious liability of State - teacher injured at school - young pupil with history of disruptive behaviour - challenges to trial judge's findings of breach and causation - where primary judge failed to address all relevant documentary evidence - findings of breach and causation set aside - errors in assessment of damages - proceedings remitted for retrial Legislation Cited: Civil Liability Act 2002 (NSW), s 3B Court Suppression and Non-publication Orders Act 2010 (NSW), s 8 Crown Proceedings Act 1988 (NSW), s 5 Suitor's Fund Act 1951 (NSW) Work Injury Management and Workers Compensation Act 1998 (NSW), s 318 Cases Cited: Avery v Registrar of Births, Deaths and Marriages [2010] NSWCA 72 Czatyrko v Edith Cowan University [2005] HCA 14; 79 ALJR 839 Malec v J C Hutton Pty Ltd [1990] HCA 20; 169 CLR 638 March v E & M H Stramare Pty Ltd [1991] HCA 12; 171 CLR 506 Mouti v Nguyen [2015] NSWCA 93 Truffet v State of Queensland [1998] QCA 160 Category: Principal judgment Parties: State of New South Wales (Appellant) Jeanette Sticker (Respondent) Representation: Counsel: P Morris SC, J Catsanos (Appellant) R Sheldon SC, E Welsh (Respondent)