Oyston V. Patrick's High School Case Study

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Oyston v St Patrick's College [2011] NSWSC 269 Introduction Disputes between individuals can be dealt formally through government departments such as a court. A court case is a dispute between two parties that is decided in a court of law. The court can analyse a case and provide a solution and fair judgement between both parties. One example of a case that was evident in the courts was the case, Oyston v St Patrick's College [2011] NSWSC 269. This negligence case was placed forward to the court in resolving a dispute regarding a student, and their former high school. The courts can provide a resolution to the dispute when the plaintiff believes that they have been treated with misconduct. Who is involved in the dispute and what it was about? …show more content…

Patrick’s College Campbelltown, for negligence. She alleged that she had been bullied and harassed by other students in the school between 2002 and 2005 and therefore suffered panic attacks, anxiety, and depression, injured while enrolled at the school. Her case was about the school’s policies and practices, and how the practices, “failed to protect her from a recognised and foreseeable risk of harm.” The case was brought in the NSW Supreme Court under the rule that the school had breached its duty of care to a former student. The outcome of the dispute The outcome of the dispute between Oyston v St Patrick's College (2011) NSWSC 269 reached a verdict and the case was awarded to Oyston. The judge in the case had to consider that there was a foreseeable risk, which was in fact foreseen by the school, that bullying at the school might result in harm. After considering this, the judge found that, although the school has published clear policies in relation to bullying circumstances and have attempted to …show more content…

As a school, it is their duty of care to protect students from any harm through their policies and rules of the school. With the policies, they should create ways to tackle the issue of school bullying and even if their policy was not working, they should rectify the policy and make it suitable for the school. It this instance, the school did either of those things and knew about the bullying and didn’t step in and give an opportunity to solve the issue between Oyston and her bullies. If the school board at least tried to rectify the issue, they wouldn’t have been punished. They basically just watched it all unfold and were just witnesses and being a witness that has the power and authority to stop the bullying in the school, it is well deserved that they were publicly scrutinised and legally

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