Sanchez-Sidiropoulos v Canavan [2015] NSWSC 1139

Supreme Court New South Wales

Medium Neutral Citation: Sanchez-Sidiropoulos v Canavan [2015] NSWSC 1139 Hearing dates: 1 December 2014, 2 December 2014, 3 December 2014, 4 December 2014, 23 March 2015, 24 March 2015 and 26 March 2015 Date of orders: 14 August 2015 Decision date: 14 August 2015 Jurisdiction: Common Law Before: Schmidt J Decision: Judgment for the defendant.

The usual order is that costs follow the event. In this case that would be an order in favour of the defendant on the basis of costs as agreed or assessed.

If the parties seek some different order, they should approach within 14 days. Failing such an approach the Court's order will be:

1.Ms Sanchez-Sidiropoulos' claim is dismissed with an order for costs in favour of the defendant, as agreed or assessed.

2.All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: TORTS – negligence – personal injury – school – game played in PE class – construction of the Civil Liability Act 2002 (NSW) – whether proceedings were brought within time – Jones v Dunkel inferences – scope and nature of duty of care owed by school to student – no breach – risks posed by game played on asphalt surface – reasonable care – reliability of evidence – supervision and instructions – causation – expert evidence – claim dismissed – costs Legislation Cited: Civil Liability Act 2002 (NSW) Limitation Act 1969 (NSW) Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; (2009) 239 CLR 420 Baker-Morrison v State of New South Wales [2009] NSWCA 35; 74 NSWLR 454 Bostik Australia Pty Ltd v Liddiard [2009] NSWCA 167 Caruana v Darouti [2014] NSWCA 85 CG Maloney Pty Ltd v Hutton-Pots [2006] NSWCA 136 Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation [1981] HCA 26; (1981) 147 CLR 297 Council of the City of Greater Taree v Wells [2010] NSWCA 147 Drinkwater v Howarth [2006] NSWCA 222 Jones v Bartlett [2000] HCA 56; (2000) 205 CLR 166 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Kretschmar v The State of Queensland (1989) Aust Torts Reports 80-272 Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11 New South Wales v Lepore [2003] HCA 4 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Public Transport Commission (NSW) v J Murray-More (NSW) Pty Ltd [1975] HCA 28; (1975) 132 CLR 336 Purkess v Crittenden (1965) 114 CLR 164 RHG Mortgage Limited v Rosario Ianni [2015] NSWCA 56 Roads and Traffic Authority of NSW v Dederer [2007] HCA 42; (2007) 234 CLR 330 Rosenberg v Percival [2001] HCA 18 Romeo v Conservation Commission of the Northern Territory [1998] HCA 5; 192 CLR 431 SAS Trustee Corporation v Woollard [2014] NSWCA 75 State of New South Wales v Gillett [2012] NSWCA 83 Strong v Woolworths Ltd [2012] HCA 5; (2012) 246 CLR 182 Sydney South West Area Health Service v Stamoulis [2009] NSWCA 153 Taboas v Abigroup Contractors Pty Ltd [2014] NSWSC 13 The Trustees of the Roman Catholic Church for the Archdiocese of Sydney v Kondrajian [2001] NSWCA 308 Withyman (by his tutor Glenda Ruth Withyman) v State of New South Wales and Blackburn [2013] NSWCA 10 Wyong Shire Council v Shirt (1980) 146 CLR 40 Category: Principal judgment Parties: Jade Sanchez-Sidiropoulos (Plaintiff) Brother Kelvin Canavan (Defendant) Representation: Counsel: Ms V Heath (Plaintiff) Mr C Bridge SC with Mr CP O'Neill (Defendant)