Sydney student gets $1.3 million after bashing school gangs

The now 21-year-old sued NSW through his mother, claiming the state school owed him a duty of care but failed to do so by failing to monitor students as they walked to the bus after class.

Although the student who instigated the attack, known in court papers as XY, was known to have violent tendencies and had just returned from a related suspension, Fairvale did not conduct a proper risk assessment before returning to school.

According to a Supreme Court ruling, one of the victim’s classmates told him that XY wanted to speak to him.

He returned to the school and tried to take refuge in the office, but it was closed, while calls from his mother to the school warning them of the danger were diverted to the answering machine.

Judge Ian Harrison found there were no teachers on the bus who could have deterred the pack or intervened when the students took the victim to the park to deliver the beating.

Other breaches of the duty of care included failing to protect pupils from bullying, failing to keep the school office open out of hours for pupils in need of safety and failing to protect vulnerable pupils with physical or psychological problems.

The victim was diagnosed with autism spectrum disorder in 2012.

“The severity and multiplicity of the violations … were inconsistent with a primary duty of the school: the safety of its students,” Judge Harrison wrote.

The judge rejected the state’s argument that he was not liable for the assault because the duty of care did not extend beyond the school boundaries or outside opening hours.

He awarded the student damages of A$1.2 million for non-economic loss, future economic loss, past out-of-pocket expenses, future medical expenses and future attendant care.