Duty of Care Judgement

On 19 June 2009, in Gregory vs State of NSW [2009] NSWSC 559, the Supreme Court of NSW awarded $468,736 in damages to a victim of school bullying. This was to compensate him for the mental harm he suffered when, as an adolescent he was subjected to bullying and mistreatment by fellow students.

The fact he was bullied at school was found to be in breach of the duty of care the State owed him as a student under its care and control. The damages apply to the time for which he was at the school and the period after he left the school. It was found that the staff of the school failed to provide the victim with support or assistance of any kind, despite being well aware of the mistreatment he suffered.