SUPREME COURT OF QUEENSLAND
CITATION:
Habermann v Cook Shire Council [2025] QSC 214
PARTIES:
ELLANNA STORM HABERMANN
(Plaintiff)
v
COOK SHIRE COUNCIL(Defendant)
FILE NO/S:
SC 290 of 2020
DIVISION:
Trial Division
PROCEEDING:
Trial
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
29 August 2025
DELIVERED AT:
Cairns
HEARING DATES:
7-10, 14-15 July 2025 (supplementary submission of Defendant received 16 July 2025)
JUDGE:
Henry J
ORDERS:
1. Judgment for the Plaintiff in the amount of $2,359,037.64.
2. I will hear the parties as to costs, if costs are not agreed in the meantime, at 9.15am 12 September 2025, out of town parties having leave to appear by videolink.
CATCHWORDS:
TORTS – NEGLIGENCE – MENTAL OR NERVOUS SHOCK OR PSYCHIATRIC HARM – DAMAGE AND CAUSATION – where the plaintiff was an employee of the defendant Council – where an email was fabricated in the plaintiffs name during a third party’s dispute with the defendant – where the fabricated email portrayed the plaintiff as racist and engaged in a deceitful misuse of her position – where the fabricated email was tabled in parliament – where the plaintiff subsequently suffered a psychiatric injury, leaving her unable to perform her employment in any capacity – whether the tabling was a necessary cause of the plaintiff’s injury.
TORTS – NEGLIGENCE – DUTY OF CARE: EXISTENCE – FACTORS DETERMINING EXISTENCE OF DUTY – GENERALLY – where the plaintiff was an employee of the defendant Council – where an email was fabricated in the plaintiff’s name during a third party’s dispute with the defendant – where the fabricated email portrayed the plaintiff as racist and engaged in a deceitful misuse of her position – where the fabricated email was tabled in parliament – where the plaintiff suffered psychiatric harm as a result of the public dissemination of the email – whether the defendant owed the plaintiff a duty of care – whether the imposition of a duty of care was precluded because the injury resulted from the conduct of third parties beyond the defendant’s control
TORTS – NEGLIGENCE – DUTY OF CARE: EXISTENCE – FACTORS DETERMINING EXISTENCE OF DUTY – REASONABLE FORESEEABILITY – where the plaintiff was an employee of was an employee of the defendant Council – where an email was fabricated in the plaintiffs name during a third party’s dispute with the defendant – where the fabricated email portrayed the plaintiff as racist and engaged in a deceitful misuse of her position – where the fabricated email was tabled in parliament – where the plaintiff suffered psychiatric harm as a result of the public dissemination of the email – whether there was a foreseeable risk, prior to the tabling, that the plaintiff would suffer a psychiatric injury from the perpetuation of the fabricated email in the public domain – whether the defendant breached its duty of care.
Workers Compensation and Rehabilitation Act 2003 (Qld), s 305B, s 306, s 306I, s 306J, s 306N
Workers Compensation and Rehabilitation Regulation 2014 (Qld), s 129, s 130
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- Case
- [2025] QSC 214
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the Council owed Mrs Habermann a duty of care to prevent the harm she suffered, whether the Council's actions or inactions constituted a breach of that duty, and whether the injury was reasonably foreseeable. The court also needed to consider whether the Council's liability, if any, was negated by the actions of third parties.
The court found that the Council did owe Mrs Habermann a duty of care, as it was reasonably foreseeable that she would suffer psychiatric harm from the public dissemination of the fabricated email. The court rejected the argument that the Council's liability was negated by the actions of third parties, as the Council had a duty to take reasonable steps to prevent the harm, even if it could not control the actions of third parties. The court held that the Council's failure to investigate the fabricated email and its contents, and its subsequent tabling in parliament, constituted a breach of its duty of care. The court also found that the psychiatric harm suffered by Mrs Habermann was a direct result of the Council's breach of duty.
The court awarded Mrs Habermann damages in the amount of $2,359,037.64. The court also ordered that the parties would be heard regarding costs, with an opportunity for out-of-town parties to appear by video link.
Orders
Orders of the court
1. Judgment for the Plaintiff in the amount of $2,359,037.64.
2. I will hear the parties as to costs, if costs are not agreed in the meantime, at 9.15am 12 September 2025, out of town parties having leave to appear by videolink.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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