The New South Wales Supreme Court has awarded damages of around $1 million to Mr Ben Cox, a teenager who was bullied in primary school – possibly the biggest school bullying compensation awarded in Australia.

NSW Supreme Court Justice Carolyn Simpson held Ben Cox had no friends, unlikely to form any romantic relationships and no future with his teenage life “all but destroyed”.

The case serves as a warning to schools and education departments over their procedures for handling bullying.
While damages have not yet been calculated according to his legal advisers, Mr Cox is set to receive around $1 million, practically giving him an income for life along with superannuation. It has been reported that The New South Wales Department of Education and Training is considering appealing the case.

Mr Cox, now 18, was only six when he was bullied regularly by a “disturbed older pupil” with Attention Deficit Disorder at Woodberry School. The bullying included Mr Cox being pushed into walls, the pupil jumping out from behind buildings, including the school’s toilets, scaring Mr Cox, and beatings resulting in red welts across the back of Mr Cox’s body. On one occasion the pupil stuffed a jumper into Mr Cox’s mouth leaving him bleeding with a lost tooth and suffering significant trauma. After several transfers between schools Mr Cox’s schooling effectively ended in year 7.

Mr Cox suffers from the psychiatric conditions of Depression and Anxiety Disorder, Separation Anxiety Disorder, and Post-Traumatic Stress Disorder which “are unlikely to abate”. Mr Cox is now a virtual recluse who locks himself in his room playing computer games.

Of particular interest was the evidence of his mother. Mrs Cox gave a damning insight to the NSW Department of Education. Mrs Cox said when she complained about the school’s inaction over the bullying of her son, a Department officer simply told her “bullying builds character” and it “was a good thing that Ben got bullied”. Mrs Cox said when she told the school principal she was going to take her son out of the school, the principal told her “you lose some kids and keep some”.

This case serves as a warning to education authorities particularly now with the emergence of “cyber bullying”. This is becoming increasingly common with school children and the popularity of the internet. It is a concern children have now started using online chat rooms and popular networking websites to bully over the internet.

Justice Simpson concluded Woodberry School had “grossly failed” in its duty of care to Mr Cox. Mr Cox was awarded damages for non-economic loss, past economic loss, future economic loss, superannuation and out of pocket expenses.

For further information, please contact Leneen Forde on +61 3 9608 2243 or l.forde@cornwalls.com.au

or Geoff Denton on + 61 3 9608 2125 or g.denton@cornwalls.com.au