Doherty v State of New South Wales

In the case of Doherty v State of New South Wales, the plaintiff, an employee of the defendant, alleged that he sustained psychological injuries during his employment as a crime scene investigator. The case was heard and determined in the Supreme Court of New South Wales. The plaintiff claimed that the defendant had failed in its duty of care towards him, which led to his psychological injuries. The defendant argued that it had discharged its duty of care by referring the plaintiff to a psychologist and general practitioner, but the court found that the defendant's duty of care was non-delegable.

The primary legal issues the court had to address were whether the defendant breached its duty of care, and if so, whether the plaintiff's psychological injuries were a result of that breach. The court also needed to determine if the plaintiff was contributory negligent and if the causes of action were within the limitation period. The court found that the defendant breached its duty of care by not having the plaintiff clinically interviewed by a psychologist after psychometric testing, not placing him on restricted duties upon return to work, exposing him to crime scenes while he was unwell, not specifically testing for PTSD, and not referring him to a psychiatrist. The court also found that the plaintiff was contributory negligent, and assessed this at thirty-five per cent.

The court held that there was a causal connection between the defendant's breach of duty and the plaintiff's psychological injuries. The causes of action which accrued in 2003 and 2004 were not out of time, and the limitation period for the cause of action which accrued in 2001 was extended. The court assessed the damages, taking into account the plaintiff's contributory negligence. In conclusion, the court found in favour of the plaintiff and awarded damages accordingly.