The appeal against the decision of the judge at first instance
in a claim for damages against St Patrick's college by Ms
Oyston is not controversial but is worthy of careful note by school
administrators and their insurers.
Ms Oyston was a year 9 student who suffered bullying from other
students at her school that resulted in episodes of self harm,
suicidal ideation and mental trauma.
She sued the school and was awarded damages of some $116,000. Ms
Oyston appealed the quantum of the decision and the quantum of
judgment and the school appealed on liability.
The decision of the NSW Court of Appeal is in relation only to
the issue of the school's breach of its duty of care. The
appeal was dismissed because the Court of Appeal agreed with the
Judge at first instance that the school had done insufficient to
stop the bullying.
