Mackinnon v BlueScope Steel (AIS) Pty Ltd

The appellant, Mackinnon, brought proceedings against the respondent, BlueScope Steel (AIS) Pty Ltd, alleging negligence. Mackinnon claimed to have developed a psychiatric condition as a result of attending a leadership course conducted by BlueScope Steel. The case was heard in the Court of Appeal of New South Wales, with Ipp JA, Macfarlan JA, and Hoeben J presiding.

The central legal issues before the Court of Appeal concerned whether BlueScope Steel owed Mackinnon a duty of care, whether that duty was breached, and whether any breach caused Mackinnon's psychiatric injury. Specifically, the court had to determine the correct test for foreseeability of psychiatric injury in an employment context, the relevance of the "normal fortitude" test, and whether the evidence of breach had been properly considered, including any failure to observe course care protocols. Furthermore, the court was required to assess the adequacy of the analysis of expert evidence, the provision of reasons by the primary judge, and whether sufficient findings of fact had been made to resolve a choice of law question.

The Court of Appeal found that the primary judge had erred in several respects, leading to an unsafe verdict. The court determined that the primary judge had failed to properly consider the evidence and apply the correct legal principles regarding foreseeability and causation of psychiatric injury. The court highlighted deficiencies in the factual findings and the analysis of expert evidence, which prevented a proper determination of the issues.

Consequently, the appeal was allowed, and a new trial was ordered. Further orders regarding the new trial were detailed in paragraph [148] of the judgment.