Bullied School Student has her Damages Increased
Thursday 26 September 2013 @ 3.07 p.m. | Legal Research
A Catholic School has been ordered to pay increased damages to a student who suffered from bullying. Jazmine Oyston had successfully sued St Patrick’s College at Campbelltown for negligence after she suffered mental and physical abuse from fellow students while attending the school.
Ms Oyston suffered the abuse over three years between 2002 and 2005 at the hands of the “popular girls”. She had been called a “slut”, “bitch”, “pimple face” and was physically attacked in school corridors. She claimed that she so badly bullied in years 8 and 9 that suffered a number of serious panic attacks as a result, one of which required her to be hospitalised. Ms Oyston was awarded $150,000 worth of damages for her suffering.
However, she launched an appeal against the award, claiming that the amount was inadequate given her ongoing psychiatric injuries which have affected her ability to work and have meaningful social relationships.
In the case of Oyston v St Patrick’s College (No 2)[2013] NSWCA 310, Justice Tobias ruled in her Ms Oyston’s favour at appeal. He declared that her damages payout should be increased to a sum worked out between the parties. He also ordered the school to pay for Ms Oyston’s legal costs from the two-year long dispute. He added that “hopefully this is the end of it…”
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