O’Connor v GEO Group Australia Pty Ltd [2019] NSWSC 202

Supreme Court New South Wales

Medium Neutral Citation: O'Connor v GEO Group Australia Pty Ltd [2019] NSWSC 202 Hearing dates: 11, 12 and 13 September 2017;12, 13 and 14 December 2017 Date of orders: 05 March 2019 Decision date: 05 March 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) There will be a verdict for the plaintiff on the issue of liability;

(2) The defendant is to pay the plaintiff's costs;

(3) The balance of the proceedings is listed for directions before the Common Law Registrar on Monday, 18 March 2019 at 9:00 am. Catchwords: NEGLIGENCE – liability – duty of care – prison authority – control – reasonableness – supervision – unlawful act of third party – inmate assaulted by other inmates – prison authority aware of potential threat Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D Crimes (Administration of Sentences) Act 1999 (NSW), ss 10, 11, 23 Cases Cited: Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254 New South Wales v Bujdoso (2005) 227 CLR 1; [2005] HCA 76 Price v State of New South Wales [2011] NSWCA 341 Proprietors of Strata Plan 17226 v Drakulic [2002] NSWCA 381 Category: Principal judgment Parties: Caleb James O'Connor aka Caleb O'Conner (Plaintiff) GEO Group Australia Pty Ltd (Defendant) Representation: Counsel: R de Meyrick (Plaintiff) S E McCarthy (Defendant)

Solicitors: Shine Lawyers (Plaintiff) Sparke Helmore (Defendant) File Number(s): 2015/142422 Publication restriction: Suppression order in respect of the identity of 'AB'; photographs, CCTV footage and plan of the relevant correctional facility are suppressed