Evans v NSW Ambulance Service

The plaintiff, Ms Evans, appealed to the Court of Appeal of New South Wales against a decision of Judge Patten, who had found in favour of the defendant, NSW Ambulance Service. The dispute arose from the death of Ms Evans' de facto husband, an ambulance officer employed by the defendant, who suffered a fatal asthma attack while posted to Mungindi. Ms Evans claimed the defendant breached its duty of care to the deceased, particularly given his known history of asthma.

The central legal issues before the Court of Appeal were whether the defendant breached its duty of care to the deceased by failing to provide adequate medical and communication facilities at his posting, and whether the defendant's response to the known risks associated with the deceased's asthmatic condition was reasonable. Specifically, the court considered whether the defendant ought to have appreciated the increased risk to the deceased in a remote posting, failed to arrange a medical examination to assess his suitability, disregarded his appeal against the posting, or failed to ensure adequate staffing and communication systems.

The Court of Appeal upheld the trial judge's findings. It was determined that the medical and communication facilities available in Mungindi were adequate for all reasonable purposes and that any asserted inadequacies were not causally linked to the deceased's death. The trial judge had found that the plaintiff had not established a breach of duty, noting that the evidence regarding accommodation difficulties in Mungindi was limited and potentially influenced by the plaintiff's personal reasons for not wishing to relocate. The court concluded that the defendant had not acted unreasonably in posting the deceased to Mungindi, given the available information about his condition and the facilities at the location.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.