Knight v Pedersen - [1999] NSWCA 333

CITATION: Knight v Pedersen & Ors [1999] NSWCA 333

FILE NUMBER(S): CA 40011/98

HEARING DATE(S): 19 March 1999

JUDGMENT DATE:
16 September 1999

PARTIES :

Paul Knight v Hans Sardoff Pedersen, Elin Inge Pedersen, Clive Peter Camp

JUDGMENT OF: Priestley JA at 1; Beazley JA at 1; Stein JA at 1

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S) : DC 2929/97

LOWER COURT JUDICIAL OFFICER: Gibb ADCJ

COUNSEL: Appellant - C. Hoeben SC
Respondents 1, 2 - J. Sharpe

SOLICITORS: Appellant - Carroll & O'Dea
Respondents 1, 2 - McCulloch & Buggy

CATCHWORDS: Negligence; Nervous Shock

ACTS CITED: Law Reform (Miscellaneous Provisions) Act 1944, s 4

CASES CITED:
Coates v Government Insurance Office of NSW (1995) 36 NSWLR 1

DECISION: Appeal allowed, new trial ordered

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40011/98
DC 2929/97

PRIESTLEY JA
BEAZLEY JA
STEIN JA

Thursday, 16 September 1999

KNIGHT v PEDERSEN & ORS

NEGLIGENCE - NERVOUS SHOCK - LAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1944, SECTION 4.

A father, living apart from his family in a rented room, died in a fire in the premises. His widow brought an action under the Compensation to Relatives Act for herself and the two children of the marriage, a son and daughter. The son brought a separate action for negligently caused nervous shock. The two cases were set down for hearing at the same time but the defendants in the son’s case were not ready to proceed, through procedural default on the part of the son. At a directions hearing it was arranged that the liability issue common to both cases would be decided at the scheduled hearing, that the mother’s case would proceed to completion and that the damages aspect of the son’s case would be left to a later time, if liability was established. At the hearing the trial judge dealt with more issues than, according to the son, had been intended at the directions hearing, and dismissed the son’s case. On appeal it was argued that the son’s case had been presented in accordance with the earlier directions hearing and he had not had proper opportunity of presenting his case on the issue which he argued should not have been decided at that stage and for which he was not properly prepared and in regard to which he had not put his case. Questions concerning the applicability of s 4 of the Law Reform (Miscellaneous Provisions) Act 1944 were also argued.
Held : The circumstances of the case supported the view advocated on behalf of the son that the issue on which his case was dismissed had not been intended to be dealt with without a further hearing and that in the circumstances new trials should be granted. On the point under s 4 of the Law Reform (Miscellaneous Provisions) Act 1944, the court adopted the views of Kirby P and Clarke JA in Coates v Government Insurance Officeof NSW (1995) 36 NSWLR 1 at 7, 8…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1999] NSWCA 333
Decision Date: 16 September 1999

CaseChat Overview and Summary

Knight v Pedersen concerned an appeal from a District Court decision in a negligence claim involving nervous shock. The appellant, Ms. Knight, alleged that she suffered psychiatric injury as a result of witnessing the aftermath of a motor vehicle accident caused by the respondent, Mr. Pedersen. The primary dispute revolved around whether the respondent owed a duty of care to the appellant in relation to psychiatric injury, and if so, whether that duty had been breached.

The New South Wales Court of Appeal was required to determine two key legal issues. Firstly, whether the appellant, as a bystander who did not witness the accident itself but rather its immediate aftermath, could establish the necessary proximity to the respondent to give rise to a duty of care for psychiatric injury. Secondly, the Court had to consider whether the appellant's psychiatric injury was a reasonably foreseeable consequence of the respondent's negligent driving, having regard to the circumstances in which she encountered the scene.

The Court allowed the appeal, finding that the District Court judge had erred in law. The Court held that the established principles regarding the duty of care for psychiatric injury, particularly in the context of nervous shock, were capable of extending to a person who witnesses the immediate aftermath of an accident, even if they did not see the accident itself. The Court emphasised the importance of foreseeability of psychiatric harm and the need for a close and direct causal connection between the negligent act and the injury. The Court concluded that the original trial had not adequately considered these principles and therefore ordered a new trial.

Orders

Orders of the court

Appeal allowed, new trial ordered

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Knight v Pedersen & Ors [1999] NSWCA 333
FILE NUMBER(S):	CA 40011/98
HEARING DATE(S):	19 March 1999
JUDGMENT DATE:	16 September 1999
PARTIES :	Paul Knight v Hans Sardoff Pedersen, Elin Inge Pedersen, Clive Peter Camp
JUDGMENT OF:	Priestley JA at 1; Beazley JA at 1; Stein JA at 1

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S) :	DC 2929/97
LOWER COURT JUDICIAL OFFICER:	Gibb ADCJ

COUNSEL:	Appellant - C. Hoeben SC Respondents 1, 2 - J. Sharpe
SOLICITORS:	Appellant - Carroll & O'Dea Respondents 1, 2 - McCulloch & Buggy
CATCHWORDS:	Negligence; Nervous Shock
ACTS CITED:	Law Reform (Miscellaneous Provisions) Act 1944, s 4
CASES CITED:	Coates v Government Insurance Office of NSW (1995) 36 NSWLR 1
DECISION:	Appeal allowed, new trial ordered