Miskovic v Stryke Corporation Pty Ltd t/as KSS Security

The appellant, Miskovic, brought proceedings against the respondent, Stryke Corporation Pty Ltd trading as KSS Security, alleging negligence. Miskovic claimed to have suffered psychiatric injury as a result of performing his work for KSS Security. The primary judge dismissed Miskovic's claim, and Miskovic appealed this decision to the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding that KSS Security was not liable in negligence for Miskovic's psychiatric injury. This involved determining whether the risk of psychiatric injury to Miskovic was reasonably foreseeable by KSS Security, and if so, whether KSS Security had breached its duty of care. The appeal also concerned whether any errors made by the trial judge were material and had caused a substantial wrong or miscarriage of justice.

The Court of Appeal found that the primary judge had correctly concluded that the psychiatric injury suffered by Miskovic was not a reasonably foreseeable consequence of his employment. The court reasoned that the evidence did not establish that KSS Security knew or ought to have known of any particular vulnerability of Miskovic to psychiatric harm arising from the performance of his duties. Furthermore, the court held that even if there were minor errors in the trial judge's findings, they were not material to the outcome of the case and did not occasion a substantial wrong or miscarriage of justice.

Consequently, the appeal was dismissed, and Miskovic was ordered to pay the costs of the appeal.