Supreme Court
New South Wales
Medium Neutral Citation: Sdrolias v Power Distribution Services Pty Limited [2021] NSWSC 321 Hearing dates: 24-28 August 2020 Date of orders: 1 April 2021 Decision date: 01 April 2021 Jurisdiction: Common Law Before: Fagan J Decision: (1) Verdict and judgment for the defendants.
(2) Both cross-claims are dismissed.
(3) The plaintiff is to pay the defendants’ costs.
(4) The costs of each defendant of the cross-claim brought by it and of defending the cross-claim brought against it by the other defendant are to be assessed against the plaintiff as costs of defending the plaintiff’s claim.
(5) Any application to vary the costs orders or for costs to be assessed other than on a party/party basis is to be filed within 14 days of the publication of the reasons for judgment.
Catchwords: NEGLIGENCE – Duty of care – Foreseeability – psychiatric injury – plaintiff witnessed physical injury to employees of a sub-contractor on site
NEGLIGENCE – Vicarious liability of sub-contractor for employees’ tort of negligence
Legislation Cited: Civil Liability Act 2002 (NSW)
Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)
Cases Cited: Credit Lyonnais Nederland NV v Export Credits Guarantee Department [2000] 1 AC 486
Darling Island Stevedoring & Lighterage Co Ltd v Long [1957] HCA 26; (1957) 97 CLR 36
Day v The Ocean Beach Hotel Shellharbour Pty Ltd (2013) 85 NSWLR 335; [2013] NSWCA 250
Hollis v Vabu Pty Ltd (2001) 207 CLR 21; [2001] HCA 44
Kondis v State Transport Authority [1984] HCA 61; (1984) 154 CLR 672
Majrowski v Guy's and St Thomas's NHS Trust [2007] 1 AC 224
Mount Isa Mines Ltd v Pusey [1970] HCA 60; (1970) 125 CLR 383
New South Wales v Lepore (2003) 212 CLR 511; [2003] HCA 4
Optus Administration Pty Limited v Glenn Wright [2017] NSWCA 21
Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16; [1986] HCA 1
Twine v Bean’s Express Ltd [1946] 1 All ER 202
Texts Cited: Fleming, Law of Torts, 10th ed (2011)
Category: Principal judgment Parties: Evangellia Sdrolias (plaintiff)
Power Distribution Services Pty Ltd (first defendant)
Allianz Australia Insurance Limited (second defendant)Representation: Counsel:
Solicitors:
R McIlwaine SC with R Goodrich (plaintiff)
B Kelleher (first defendant)
P Morris SC with R Perla (second defendant)
Firths Lawyers(plaintiff)
Colin Biggers & Paisley (first defendant)
Moray & Agnew (second defendant)
File Number(s): 2016/00322372 Publication restriction: No
Judgment
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The plaintiff claims damages for psychiatric harm allegedly sustained as a result of witnessing an electrical explosion by which two workmen were severely burned on 30 October 2013. On that date the plaintiff was employed by Direct Traffic Pty Ltd (“Direct Traffic”) as a traffic controller. She was performing those duties on a site at Eastern Creek where subsurface electrical cables were being installed to serve two switching stations at a data centre on Roberts Road. Direct Traffic had been engaged by the first defendant, Power Distribution Services Pty Ltd, which was carrying out…
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- Case
- [2021] NSWSC 321
- Decision Date
CaseChat Overview and Summary
The central legal issues in the case involved whether Power Distribution Services owed a duty of care to the plaintiff for the psychiatric injury claimed, and if so, whether this duty was breached. Additionally, the court had to determine whether Power Distribution Services could be held vicariously liable for the negligence of its employees, and if Sdrolias's injury was a foreseeable consequence of such negligence. The court also examined the extent to which foreseeability of psychiatric injury impacts the establishment of a duty of care in this context.
In its decision, the court held that Power Distribution Services did not owe a duty of care to the plaintiff for the psychiatric injury sustained. The court reasoned that the injuries witnessed were not of a type that could reasonably be foreseen to cause psychiatric harm to someone in Sdrolias's position. Furthermore, the court found that the injuries did not create a situation of special vulnerability or reliance that would establish a duty of care. Consequently, the court dismissed the claim for psychiatric injury, and no vicarious liability was established against Power Distribution Services.
The court ordered that the plaintiff's claim be dismissed with costs to be paid by the plaintiff. The reasoning focused on the foreseeability of psychiatric harm and the lack of a special relationship between the plaintiff and the sub-contractor's employees, which are critical elements in establishing a duty of care in such cases.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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