Cox v State of New South Wales [2007] NSWSC 471 (14 May 2007)

[2007] NSWSC 471

TORT – NEGLIGENCE – personal injury – psychiatric/psychological harm – plaintiff bullied at primary school – reports of bullying to school authorities by plaintiff’s mother – severe anxiety symptoms – reliability of mother’s evidence – some discrepancies – no significance – duty of care – expert evidence – identification of psychiatric disability – causation – relevance of mother’s own psychiatric condition
DAMAGES – non-economic loss – economic loss – superannuation – discount for vicissitudes
EVIDENCE – hearsay – exceptions to hearsay rule – whether person who made representation is competent to give evidence of asserted fact – no recollection of asserted fact

Evidence Act 1995 ss 59, 63