Blaxter v The Commonwealth

In the Federal Court of Australia, Blaxter initiated legal action against the Commonwealth, seeking damages for personal injury sustained during the collision between the HMAS Voyager and HMAS Melbourne in 1964. Blaxter's claim was centred on psychological injuries allegedly suffered due to the collision and subsequent economic loss resulting from those injuries. The dispute required the court to determine whether Blaxter's psychological injuries were causally linked to the incident and, if so, whether the Commonwealth could be held liable for damages under the circumstances.

The central legal issues addressed by the court included the admissibility of Blaxter's psychological injury claims, the causation between the collision and the alleged psychological harm, and the validity of Blaxter's claim for economic loss as a consequence of his psychological injuries. The court needed to evaluate whether the psychological injuries could be considered foreseeable and whether Blaxter's claims were time-barred due to the lengthy delay between the incident and the filing of the lawsuit. Furthermore, the court had to determine the appropriate measure of damages, if any, that Blaxter was entitled to receive.

In its judgment, the court found that Blaxter's claims for psychological injury and consequent economic loss were not substantiated. The court ruled that the evidence provided did not establish a causal link between the collision and Blaxter's alleged psychological injuries. Consequently, the court held that Blaxter's claims were time-barred and that the Commonwealth was not liable for the damages sought. The court dismissed the action, affirming that Blaxter's claims were not supported by sufficient evidence and did not meet the legal criteria for compensation.