$1m bullying claim - Civil Liability Act compensation caps (1 Viewer)

[trishan]

BEN Cox, 18 has no friends, is unlikely to make any in the future or form any romantic relationships. His teenage life has all but been destroyed, and his adult life will be no better. Anxiety and depression will be his likely companions for the rest of his life.

With this bleak forecast, NSW Supreme Court Justice Carolyn Simpson yesterday found that the victim of schoolboy bullying was entitled to compensation.

Mr Cox's legal team estimate that he will get about $1 million, giving him an income for life and superannuation. Justice Simpson found school and education authorities grossly failed Mr Cox when he was in kindergarten and year 1 at Woodberry Primary School, in the Hunter Valley and had failed to protect him from repeated assaults, bullying and harassment by an older, disturbed student.

In one attack he lost consciousness and in another had a tooth knocked out when the bully tried to make him eat his pullover.

When his mother contacted the Department of Education and complained that school authorities had done nothing to stop the attacks, she said she was told: "Bullying builds character and (the officer, Ian Wilson,) thought it was a good thing Ben got bullied."

Since the bullying, in 1994-1995, Mr Cox has seen pediatricians, psychiatrists and counsellors, and has been diagnosed with depression and anxiety disorder, separation anxiety disorder and post traumatic stress disorder. He transferred to another primary school, but spent his primary schooling days at home with his mother, who herself had significant anxiety and depression.

His schooling effectively ended in Year 7.

He is on a disability pension and, says his mother, spends most of his time playing computer games.

Outside court, Mr Cox's barrister, Dennis Wheelahan, QC, said the judgement had implications for the education system. "The implications are that pupils in our school systems who are the subject of this type of conduct (if liability is established) can expect to recover substantial damages as is the case for Benjamin Cox.

"This is a matter I know school authorities view differently now, to the way they did 12 years ago when these series of events occurred," he said.

The Department of Education was examining the judgement.

$1million seems alot given the caps placed on the amount of compensation plaintiffs can receive under the ammended Civil Liability Act/Wrongs Act. I haven't read the judgment to see how damages have been calculated but surely under the ammendments people can no longer receive such large payouts.

 

[MichaelJackson2]

Re: Civil Liability Act/ Wrongs Act Compensation Caps

being entitled to compo is one thing, but saying that he's not going to ever be able to work again or form any meaningful relationships, which is a euphamism for being a complete and utter failure with absolutely no hope, is perhaps going a little too far. the kid's only 18. he needs time (and yes, perhaps a very long time) to sort things out, surely it cannot be the end. saying that it is is just a little outrageous.

 

[ari89]

lol i remember posting this HERE

The larger payout was for loss of income etc so it probably can be justified...I'm a bit confused about the payout amount too

MichaelJackson2 has a point...he is still young and I'm sure lots of people get into a depressive mindset at times of their life. Hopefully he'll grow out of it, but I'm definantly not qualified to say the trauma could be worse than we perceive.

 

[UWS-Uni-Student]

What are the exact requirements that need to be met for this case to be used as precedent in future cases.

This post may or may not make sense, this is due to the time it was posted at

 

[trolloutaface]

well he was extremely overweight, as if he wouldn't be bullied about it

 

[LaraB]

Dangeorous dangerous dangerous precedent!

He's only 18, for all anyone knows in a few years he'll be functioning as a normal person. Plenty of people are depressed, traumatised etc and meet that one person onr group of peole who turn it all around for them.

If every kid who was bullied and is now in a bad state could succeed like Mr Cox, the dept is going to go broke! Thousands of kids are bullied every year and traumatised by it!

I'm sure he's got issues but honestly... it's one of those things that's a case of suck it up and move on.

How ridiculous that a victim of childhood bullying gets a bigger settlement than your average victim of serious crime

It's like the whole adhd debate - no one argues that it exists and some people might need certain treatemtn, but there are other options and also misdiagnosis. I'm sure he's depressed and had been diagnosed as such, but had he really exhausted every possible treatment option? I'm sure that taking a disability pension and living in "computer land" isn't the only option he has.

Jokingly i know, but a lot of friends at uni have raised the argument of contributory negligence lol - in jest, but it is a serious point - i highly doubt he never did anything to exacerbate the situation.

Its shitty that they got the response they did when they asked for help but a payout this big is a little nuts.

 

[ari89]

Dangeorous dangerous dangerous precedent!

He's only 18, for all anyone knows in a few years he'll be functioning as a normal person. Plenty of people are depressed, traumatised etc and meet that one person onr group of peole who turn it all around for them.

If every kid who was bullied and is now in a bad state could succeed like Mr Cox, the dept is going to go broke! Thousands of kids are bullied every year and traumatised by it!

I'm sure he's got issues but honestly... it's one of those things that's a case of suck it up and move on.

How ridiculous that a victim of childhood bullying gets a bigger settlement than your average victim of serious crime

It's like the whole adhd debate - no one argues that it exists and some people might need certain treatemtn, but there are other options and also misdiagnosis. I'm sure he's depressed and had been diagnosed as such, but had he really exhausted every possible treatment option? I'm sure that taking a disability pension and living in "computer land" isn't the only option he has.

Jokingly i know, but a lot of friends at uni have raised the argument of contributory negligence lol - in jest, but it is a serious point - i highly doubt he never did anything to exacerbate the situation.

Its shitty that they got the response they did when they asked for help but a payout this big is a little nuts.

Yeah, that's pretty much my thoughts on it. haha @ the contributory negligence

 

[spell check]

Dangeorous dangerous dangerous precedent!

He's only 18, for all anyone knows in a few years he'll be functioning as a normal person. Plenty of people are depressed, traumatised etc and meet that one person onr group of peole who turn it all around for them.

If every kid who was bullied and is now in a bad state could succeed like Mr Cox, the dept is going to go broke! Thousands of kids are bullied every year and traumatised by it!

I'm sure he's got issues but honestly... it's one of those things that's a case of suck it up and move on.

How ridiculous that a victim of childhood bullying gets a bigger settlement than your average victim of serious crime

It's like the whole adhd debate - no one argues that it exists and some people might need certain treatemtn, but there are other options and also misdiagnosis. I'm sure he's depressed and had been diagnosed as such, but had he really exhausted every possible treatment option? I'm sure that taking a disability pension and living in "computer land" isn't the only option he has.

Jokingly i know, but a lot of friends at uni have raised the argument of contributory negligence lol - in jest, but it is a serious point - i highly doubt he never did anything to exacerbate the situation.

Its shitty that they got the response they did when they asked for help but a payout this big is a little nuts.

it's a shame these arguments weren't considered in court

oh wait.