Case note: Oyston v St Patrick’s College – school looses appeal in bullying case…

An appeal by St Patrick’s College on liability for a $116,000 damages award to a student has been dismissed.

Ms Oyston was a year 9 student who had brought a claim against the College in negligence alleging that she had suffered psychological harm as a result of bullying by other students. The Judge at first instance gave judgment in her favour and made orders awarding damages to her of $116,296.60, plus interest.

This decision of the NSW Court of Appeal was only in relation to the issue of the College’s breach of its duty of care, with other issues such as causation of the damage to be decided separately. The appeal on liability was dismissed because the Court of Appeal agreed with the Judge at first instance that the school had not taken sufficient steps to stop the bullying.


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


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