New South Wales v Shepherd New South Wales v McDonald New South Wales v Wilson

The Supreme Court of New South Wales Court of Appeal heard appeals brought by the State of New South Wales against findings of liability and damages awarded to the respondents, Mr Shepherd, Mr McDonald, and Mr Wilson. The dispute arose from a bungled police operation, which allegedly caused psychiatric injury to the respondents. The appeals concerned the trial judge's findings of fact, particularly regarding causation and the impact of the injuries sustained.

The Court of Appeal was required to determine whether the trial judge's findings of fact, especially those relating to the causal link between the police operation and the respondents' psychiatric illnesses, and the extent of those illnesses, were demonstrably wrong. The appeals also raised questions about the adequacy of the trial judge's reasons for those findings.

The Court of Appeal dismissed the appeals, finding them to be without merit. The judges expressed significant concern regarding the prosecution of the appeals, noting that they appeared to be hopeless. The Court found no error in the trial judge's credibility-based findings as to causation and the impact of the injuries.

Consequently, the appeals were dismissed with costs awarded to the respondents on an indemnity basis.