AMP v RTA & Anor

Case [2001] NSWCA 186


Reported Decision:

[2001] Aust Torts Reports 81-619

New South Wales


Court of Appeal

CITATION: AMP v RTA & Anor; RTA v AMP & Anor [2001] NSWCA 186
FILE NUMBER(S): CA 40319/00; 40399/00
HEARING DATE(S): 16/05/01
JUDGMENT DATE:
2 August 2001

PARTIES :


AMP General Insurance Ltd (Appellant CA 40319/00; First Respondent CA 40399/00)
Roads & Traffic Authority of NSW (Appellant CA 40399/00); First Respondent CA 40319/00)
Margaret Boxsell (Second Respondent)
JUDGMENT OF: Spigelman CJ at 1; Heydon JA at 41; Davies AJA at 170
LOWER COURT JURISDICTION : District Court
LOWER COURT
FILE NUMBER(S) :
DC 2859/98
LOWER COURT
JUDICIAL OFFICER :
Coleman DCJ
COUNSEL: J D Hislop QC/K Andrews (AMP General Insurance Limited)
J A McIntyre SC (Roads & Traffic Authority of NSW)
M L Williams SC/Ms P M McDonald (Second Respondent)
SOLICITORS: Gillis Delaney Brown (AMP General Insurance Limited)
Hunt & Hunt (Roads & Traffic Authority of NSW)
Carroll & O'Dea (Second Respondent)
CATCHWORDS: Torts - Negligence - Liability - Foreseeability - Causation - Remoteness - Whether employer liable to deceased employee’s widow for damage caused to her by employee’s suicide - Employer breached duty of care to employee causing back injury - Employee applied for extension of limitation period in order to bring action for damages for back injury - Employee suffered stress from cross-examination in the hearing of application - Employee developed depression and committed suicide shortly after hearing - D
LEGISLATION CITED: Compensation to Relatives Act 1897
Fatal Accidents Act 1846
Fatal Accidents Act 1976
Law Reform (Miscellaneous Provisions) Act 1934
Motor Accidents Act 1988
Workers Compensation Act 1987
Workmen's Compensation Act 1906 (UK)
Workmen's Compensation Act 1925 (UK)
CASES CITED:
See attached
DECISION: See paragraphs 168 and 169

CASES CITED

Annetts v Australian Stations Pty Ltd

(2000) 23 WAR 35


Avoushadi v CIC Insurance Ltd

(1996) 23 MVR 385


Bennett v Minister of Community Welfare

(1992) 176 CLR 408


Bird v Australian Iron & Steel Pty Ltd

(1979) 53 WCR 327


Campbelltown City Council v Mackay

(1989) 15 NSWLR 501


Chappel v Hart

(1998) 195 CLR 232


Chester v Council of The Municipality of Waverley

(1939) 62 CLR 1


Church v Dugdale and Adams Ltd

(1929) BWCC 444


Commonwealth of Australia v McLean

(1996) 41 NSWLR 389


Coyne v Citizen Finance Ltd

(1991) 172 CLR 211


Donoghue v Stevenson

[1932] AC 562


Doughty v Turner Manufacturing Co Ltd

[1964] 1 QB 518


Frost v Chief Constable of South Yorkshire Police

[1999] 2 AC 455


Grime v Fletcher

[1915] 1 KB 734


Haber v Walker

[1963] VR 339


Holdlen v Walsh

[2000] NSWCA 87


Hughes v Lord Advocate

[1963] AC 837


Jaensch v Coffey

(1984) 155 CLR 549


Kavanagh v Akhtar

(1998) 45 NSWLR 588


King v Associated Battery Makers of Australia Pty Ltd

(1954) 28 WCR 105


Kirkham v Chief Constable of The Greater Manchester Police

[1990] 2 QB 283


Kooragang Cement Pty Ltd v Bates

(1994) 35 NSWLR 452


Mahony v J Kruschich (Demolitions) Pty Ltd

(1985) 156 CLR 522


March v…

Continue reading AMP v RTA & Anor

Sign in free to access the full text

Details
AGLC
AMP v RTA & Anor [2001] NSWCA 186
Case
[2001] NSWCA 186
Decision Date

CaseChat Overview and Summary

AMP Limited (AMP) appealed a decision of the Supreme Court of New South Wales concerning its liability to the widow of a deceased employee, Ms RTA. The dispute arose from the employee's suicide, which Ms RTA alleged was caused by AMP's negligence. AMP had breached a duty of care to the employee, resulting in a back injury. The employee had sought an extension of the limitation period to pursue a claim for this injury. During the hearing of that application, the employee experienced significant stress from cross-examination, which allegedly led to depression and ultimately his suicide shortly thereafter.

The Court of Appeal of New South Wales was required to determine whether AMP was liable to Ms RTA for damages arising from the employee's suicide. Specifically, the court had to consider whether AMP's breach of duty in causing the initial back injury was a legally relevant cause of the employee's subsequent depression and suicide, and whether such an outcome was a foreseeable consequence of AMP's negligence. The central legal issues revolved around the principles of causation and remoteness in negligence law, particularly in the context of psychiatric injury and suicide following a physical injury.

The court found that while AMP had breached its duty of care to the employee, causing the back injury, this breach was not the legal cause of the employee's suicide. The court reasoned that the stress experienced during the cross-examination, which precipitated the depression and suicide, was an intervening event that broke the chain of causation. The court applied the principles of foreseeability and causation, holding that the suicide was not a reasonably foreseeable consequence of the initial negligent act of causing the back injury. The stress of the legal proceedings, and the resulting psychiatric harm, were considered to be too remote from the original breach of duty.

The appeal was allowed, and the orders of the Supreme Court were set aside.

Orders

Orders of the court

See paragraphs 168 and 169

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.