Oyston v St Patrick's College [2013] NSWCA 135

Oyston v St Patrick's College [2013] NSWCA 135

The College was in breach of its duty of care to the appellant during 2004. It failed to adequately investigate and respond to reports of bullying, failed to adhere in practice to its published anti-bullying policies, and did not take reasonable and active steps to protect a known vulnerable student from foreseeable psychiatric injury caused by bullying by other students. The risk of psychological injury to the appellant was both foreseeable and significant, and the College's responses were not reasonable in all the circumstances.

Parties
Appellant/cross Respondent: Jazmine Oyston; Respondent/cross Appellant: St Patrick's College
Jurisdiction
Australia
Judgment Date
27 May 2013
Procedural Posture
Appeal / Interlocutory Determination on Breach of Duty; Causation, Damages and Costs Adjourned for Later Hearing
Outcome
Appeal referred to Registrar to fix a date for hearing of outstanding issues of causation, damages and costs; breach of duty found against the College
Legal Topics
Negligence, Personal Injury, Duty of Care, Psychiatric Injury, Bullying in Schools
Torts Education Law Negligence Personal Injury Duty of Care Psychiatric Injury Bullying in Schools

Case Brief

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Parties

Jazmine Oyston

Appellant/cross Respondent

St Patrick's College

Respondent/cross Appellant

Procedural Posture

Appeal / Interlocutory Determination on Breach of Duty; Causation, Damages and Costs Adjourned for Later Hearing

Legal Issues

  1. 1 Whether St Patrick's College breached its duty of care to the appellant in relation to bullying and harassment by other students
  2. 2 Adequacy of implementation of anti-bullying policies
  3. 3 Whether the College's response to complaints and knowledge of bullying met the standard of reasonable care required

Ratio Decidendi

The College was in breach of its duty of care to the appellant during 2004. It failed to adequately investigate and respond to reports of bullying, failed to adhere in practice to its published anti-bullying policies, and did not take reasonable and active steps to protect a known vulnerable student from foreseeable psychiatric injury caused by bullying by other students. The risk of psychological injury to the appellant was both foreseeable and significant, and the College's responses were not reasonable in all the circumstances.

Court Disposition

Appeal referred to Registrar to fix a date for hearing of outstanding issues of causation, damages and costs; breach of duty found against the College

Orders

  • Appeal be referred to the Registrar for the purpose of fixing a date for hearing of outstanding issues of causation, damages and costs