Sheehan v SRA; Wicks v SRA

The Supreme Court of New South Wales Court of Appeal considered appeals by Sheehan and Wicks against the State of New South Wales (SRA). The dispute concerned claims for psychiatric injury suffered by the appellants, who were rescuers, as a result of witnessing a train derailment and its aftermath.

The Court was required to determine whether the SRA owed a common law duty of care to the rescuers, and whether the rescuers were entitled to damages under Part 3 of the *Civil Liability Act 2002* (NSW). Specifically, the Court had to interpret the meaning of the phrase "the plaintiff witnessed, at the scene, the victim being killed, injured or put in peril" within the context of the Act.

The Court held that the SRA did owe a common law duty of care to the rescuers. Furthermore, it was determined that the *Civil Liability Act 2002* did not preclude a claim for psychiatric injury by a rescuer. The Court reasoned that the phrase "the victim being killed, injured or put in peril" encompassed the circumstances faced by the rescuers, who witnessed the immediate aftermath of the derailment and the injuries sustained by passengers. The legislative intent of Part 3 was not to exclude rescuers from recovery for psychiatric injury.

Consequently, each appeal was dismissed with costs.