HG Alert: State Liable for Bullying - May 2007

On 14 May 2007, Simpson J of the New South Wales Supreme Court delivered a Judgment in favour of an 18 year old male for damages for personal injuries said to have been sustained by him as a result of harassment, bullying and at least two incidents of (serious) physical assault which occurred over a number of months in 1994 and 1995, whilst he was attending kindergarten at Woodberry Public School in New South Wales.

It was alleged that the Plaintiff suffered psychiatric conditions identified as Depression and Anxiety Disorder, Separation Anxiety Disorder and Post-Traumatic Stress Disorder which were precipitated by the conduct of an older male student who inflicted the bullying and harrassment on the Plaintiff. The acts alleged included strangling the Plaintiff until he was unconscious, forcing the Plaintiff to ‘eat his jumper’ and various other physical assaults.

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