ON 23 MAY 2014, the Supreme Court of NSW delivered Chaina v Presbyterian Church (NSW) Property Trust (No. 25)  NSWSC 518 (“Scots College case”).
The parents of a deceased schoolboy and a company related to the parents were awarded damages against the boy’s school arising from admitted negligence causing the boy’s drowning on a school hike in 1999.
The court found that the parents suffered mental harm which resolved by June 2001.
The parents were awarded damages which included an amount of $75,000 for their costs associated with the coronial inquest.
The father was awarded $202,486, the mother was awarded $138,887 and both were awarded $95,00 jointly. The associated company was awarded $56,000 with respect to a claim for loss of services (per quod servitium amisit) arising from the inability of the parents to work whilst suffering from the mental harm.
The amount awarded to the company was significantly less than that which the company had sought.
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