School fighting $300k bullying payout

Written By Unknown on Senin, 11 Maret 2013 | 23.18

Jazmine Oyston outside court yesterday. Picture: Nic Gibson Source: The Daily Telegraph

A SCHOOL is challenging a court order to pay $300,000 in damages to a former student who said she was bullied and tormented by girls in the "popular group".

St Patrick's College at Campbelltown was sued by former student Jazmine Oyston, who said she was left with psychiatric injury after being insulted and victimised by female students.

A Supreme Court hearing heard Ms Oyston was called a "slut", "dog", "bitch" and "pimple face" by her tormenters in "the popular group" at the all-girls Catholic college, and teased for wearing a one-piece costume instead of a bikini at the school swimming carnival.

The now 22-year-old was awarded $300,000 in damages after a judge found in her favour in 2011 - a decision the school has taken to the Court of Appeal.

Ms Oyston is also appealing against the payment because she believes it isn't enough to compensate for the ongoing mental health trouble she has experienced.

The school's barrister, Robert Sheldon SC, told the court yesterday Ms Oyston had not told the school about bullying episodes, which she said happened between Year 7 and Year 9.

The court heard that, in sessions with a counsellor, Ms Oyston had said "things were excellent" at school and had not mentioned being bullied.

"She says there's nothing wrong," Mr Sheldon told the court.

The school said it was "proactive and concerned" with complaints Ms Oyston and her family had made. Mr Sheldon said the sessions, including one where she described herself as being "10 out of 10 on the happy meter" were "not consistent ... with the relentless bullying (that was suggested at the hearing). Nothing in these (counselling) notes (indicates) the faintest suggestion of being bullied".

Ms Oyston was treated in hospital as a teenager for self-harm attempts, with a record from Campbelltown Hospital saying she attributed some of her panic attacks to "sitting on her own in class and wishing she had a friend".

The original court decision found the school breached its duty of care to the former student, who was pulled out of the school by her parents in 2005, by not responding properly to "persistent inappropriate behaviour".

Ms Oyston told that hearing "it's hard to wake up every day thinking you wanted to be dead when you're only 12".

The hearing continues.


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