Miskovic v Stryke Corporation Pty Ltd trading as KSS Security

The plaintiff, Miskovic, brought a case against Stryke Corporation Pty Ltd trading as KSS Security, alleging that the defendant's negligence led to the plaintiff's psychiatric injury, which arose from overwork in their employment in the security industry. The case was heard in the Federal Court of Australia. The plaintiff sought damages for the psychiatric injury, claiming that the defendant's failure to conduct regular welfare checks resulted in their injury.

The legal issues the court was required to decide included whether the defendant had a duty of care towards the plaintiff and whether the defendant's negligence was the cause of the plaintiff's psychiatric injury. The court also needed to determine whether the defendant's conduct contravened section 53B of the Trade Practices Act 1974 (Cth) and whether the insurance policy covered damages for contravention of that section.

In its reasoning, the court held that the defendant did not owe a duty of care to the plaintiff to conduct regular welfare checks as the risk of sustaining a recognisable psychiatric injury was not foreseeable and was far-fetched or fanciful. The court also found that the defendant's conduct did not contravene section 53B of the Trade Practices Act 1974 (Cth) as it did not amount to misleading or deceptive conduct. Furthermore, the court held that the insurance policy did not cover damages for contravention of section 53B of the Trade Practices Act 1974 (Cth). Therefore, the plaintiff's claims were dismissed.

The court did not make any orders for costs.