Annetts v Australian Stations Pty Ltd

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ANNETTS & ANOR -v- AUSTRALIAN STATIONS PTY LTD [2000] WASCA 357



(2000) 23 WAR 35
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASCA 357
THE FULL COURT (WA)
Case No:FUL:89/200016 OCTOBER 2000
Coram:MALCOLM CJ
PIDGEON J
IPP J
21/11/00
43Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:LESLIE ANNETTS
SANDRA ANNETTS
AUSTRALIAN STATIONS PTY LTD (ACN 009 613 727)

Catchwords:

Torts
Negligence
Essentials of action for negligence
Where nervous shock or mental disorder
Whether psychiatric injury caused by telephone call informing parents that child of 16 years was missing from his place of employment or learning of child perishing in desert months after death
Caution in expanding categories of negligence or classes of plaintiffs
Policy considerations
Distinction between grief and psychiatric harm
Duty of care to avoid psychiatric injury involves analysis of interrelated elements of duty, breach, damage
Foreseeability
Normal standard of susceptibility
Sudden shock
Proximity relevant to psychiatric injury claims
Causal proximity
Aftermath
Direct perception
No appropriate reliance by plaintiffs on employer

Legislation:

Nil

Case References:

Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310
Attia v British Gas plc [1988] 1 QB 304
Barnard v Santam Bpk (1999) 1 SA 202
Barrett v Enfield London Borough Council [1999] 3 WLR 79
Beecham v Hughes (1988) 52 DLR (4th) 625
Bourhill v Young [1943] AC 92
Buljabasic v Ah Lam, unreported; C of A; SCt of NSW; No 40417196; 3 September 1997
Bunyan v Jordan (1937) 57 CLR 1
Campbelltown City Council v Mackay (1989) 15 NSWLR 501
Caparo Industries plc v Dickman [1990] 2 AC 605
Chester v Waverley Municipality (1939) 62 CLR 1
Chiaverini v Hockey [1993] A Tort Rep 62,254
Coates v Government Insurance Office (NSW) (1995) 36 NSWLR 1
Davis v Scott (1998) 71 SASR 361
Devji v Burnaby District (1999) 180 DLR (4th) 205
Devji v District of Burnaby (1999) 180 DLR (4th) 205
Donoghue v Stevenson [1932] AC 562
Dorset Yacht Co Ltd v Home Office [1970] AC 1004
Dulieu v White [1901] 2 KB 669
FAI General Insurance Co Ltd v Curtin (1997) A Tort Rep 64,479
Hambrook v Stokes [1925] 1 KB 141
Jaensch v Coffey (1984) 155 CLR 549
Jaensch v Coffey (1985) 157 CLR 424
Knight v Pedersen & Ors [1999] NSWCA 333
Marc Rich & Co AG v Bishop Rock Marine Co Ltd [1996] 1 AC 211
McLoughlin v O'Brian [1983] 1 AC 410
McLoughlin v O'Brian [1983] AC 410
Morgan v Tame [2000] A Tort Rep 63,870
Morgan v Tame [2000] Aust Torts Rep 63,870
Mount Isa Mines Ltd v Pusey (1970) 125 CLR 383
Mt Isa Mines v Pusey (1970) 125 CLR 383
Murphy v Brentwood District Council [1990] 3 WLR 414
Nader v Urban Transit Authority (NSW) (1985) 2 NSWLR 501
Overseas Tank Ship (UK) Ltd v Mort's Dock & Engineering Co Ltd ("The Wagon Mound" [No 1]) [1961] AC 388
Palmer v Tees Health…
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Details
Case
[2000] WASCA 357
Decision Date

CaseChat Overview and Summary

Annetts brought an action against Australian Stations Pty Ltd after their son, who was a station hand employed by the company, went missing. Subsequently, they were informed that he had died. They sought damages for psychiatric harm caused by the company's negligence. The court was required to determine whether the company owed a duty of care to the parents to prevent psychiatric injury and whether such injury was reasonably foreseeable.

The court examined whether the parents' psychiatric harm was a reasonably foreseeable consequence of the company's negligence. It considered whether the parents could have reasonably relied on the company to safeguard their son, and whether the harm was proximate enough to the company's actions. The court also assessed the distinction between grief and psychiatric harm, and the appropriate scope of the duty of care in such circumstances. It concluded that the harm was not within the scope of the duty owed by the employer to the parents.

Given these findings, the court dismissed the appeal. It held that the employer did not owe a duty of care to the parents to prevent the psychiatric harm they suffered, and that the harm was not a reasonably foreseeable consequence of the employer's negligence. The appeal was dismissed, and the decision of the lower court was affirmed.

Orders

Orders of the court

Appeal dismissed

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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