Mattock v State of New South Wales (New South Wales Department of Education) (No 2) [2021] NSWSC 1045

On 19 August 2021, the NSW Supreme Court dismissed a personal injury claim against a school, which followed the plaintiff’s ‘head knock’ collision with another student during a PE class.

The decision was significant for insurers as it confirmed a sport played at school will not necessarily be considered a dangerous recreational activity, and that even when significant injuries are sustained by students under the supervision of their teachers, schools are not absolutely liable.

W+K’s Angela Winkler and Sarah Sackville discuss the case in this update.

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