SUPREME COURT OF QUEENSLAND
CITATION:
AAI Limited v Caffrey [2019] QCA 293
PARTIES:
AAI LIMITED
ABN 48 005 297 807
(appellant)
v
DAVID PAUL CAFFREY
(respondent)FILE NO/S:
Appeal No 1992 of 2019
SC No 6587 of 2016DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
Supreme Court at Brisbane – [2019] QSC 7 (Flanagan J)DELIVERED ON:
10 December 2019
DELIVERED AT:
Brisbane
HEARING DATE:
19 August 2019
JUDGES:
Sofronoff P and Philippides and McMurdo JJA
ORDER:
Appeal dismissed with costs.
CATCHWORDS:
TORTS – NEGLIGENCE – OTHER PARTICULAR CLAIMANTS, DEFENDANTS AND CIRCUMSTANCES – POLICE – where the respondent was a Senior Constable in the Queensland Police Service – where the respondent was called to attend a scene where a car had crashed into a tree – where the driver of the car had been driving at excessive speed while intoxicated by methamphetamine, amphetamine and marijuana – where the respondent rendered first aid to the driver who was critically injured – where the driver died soon afterwards – where the respondent was diagnosed with post-traumatic stress disorder as a result of attending the crash – where the respondent sued the appellant insurer pursuant to s 52(2)(b) of the Motor Accident Insurance Act 1994 (Qld) claiming that, as a result of the driver’s negligent driving, he suffered psychiatric injury – where the substantial issue at trial was whether the driver owed the respondent a duty of care to avoid causing him the psychiatric harm that he had suffered by reason of his attendance, in the course of his duties as a police officer, at the scene of the crash – where the learned trial judge held that the driver owed the respondent such a duty – where the learned trial judge found that the driver had been negligent and that his breach of duty had caused the respondent’s psychiatric injuries – where the appellant submits that the learned trial judge erred in holding that a duty of care could be owed by a person who causes a traumatic event, not to cause pure psychiatric harm to a person who, in the course of their occupation, are exposed to the highly distressing aftermath of a traumatic event – where the appellant does not challenge the principles governing liability for causing psychiatric harm to rescuers – where the appellant accepts that the respondent had satisfied all those common law requirements – where the appellant submits that the respondent’s status as a police officer denied him a right to recover because of policy considerations which render the foreseeability of injury unreasonable – whether the principles that govern the right of rescuers to recover damages for injuries extends to police officers in the course of their occupation
Motor Accident Insurance Act 1994 (Qld), s 52(2)(b)
Hale v London Underground Ltd [1993] PIQR Q30, cited
Haynes v Harwood [1935] 1 KB 146, explained
Hirst v Nominal Defendant [2005] 2 Qd R 133; [2005] QCA 65, followed
Jausnik v Nominal Defendant (No 5) (2016)…
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- AGLC
- AAI Limited v Caffrey [2019] QCA 293
- Case
- [2019] QCA 293
- Decision Date
CaseChat Overview and Summary
The appellant submits that the learned trial judge erred in holding that a duty of care could be owed by a person who causes a traumatic event, not to cause pure psychiatric harm to a person who, in the course of their occupation, are exposed to the highly distressing aftermath of a traumatic event. The appellant does not challenge the principles governing liability for causing psychiatric harm to rescuers. The appellant accepts that the Senior Constable had satisfied all those common law requirements. The appellant submits that the Senior Constable's status as a police officer denied him a right to recover because of policy considerations which render the foreseeability of injury unreasonable. The court was required to determine whether the principles that govern the right of rescuers to recover damages for injuries extends to police officers in the course of their occupation.
The appeal was dismissed with costs. The court held that the principles governing the right of rescuers to recover damages for injuries apply equally to police officers in the course of their occupation. The court found that the driver owed the Senior Constable a duty of care to avoid causing him psychiatric harm by reason of his attendance, in the course of his duties as a police officer, at the scene of the crash. The court found that the driver had been negligent and that his breach of duty had caused the Senior Constable's psychiatric injuries. The court held that there was no policy consideration that precluded the Senior Constable from recovering damages for his psychiatric injury. The court dismissed the appeal and upheld the decision of the learned trial judge.
Orders
Orders of the court
Appeal dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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