HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJCLARE JANET TAME APPELLANT
AND
THE STATE OF NEW SOUTH WALES RESPONDENT
Tame v New South Wales [2002] HCA 35
5 September 2002
S83/2001ORDER
Appeal dismissed with costs.
On appeal from the Supreme Court of New South Wales
Representation:
P C B Semmler QC and N J Mullany for the appellant (instructed by Herbert Weller)
B H K Donovan QC with S C Finnane for the respondent (instructed by I V Knight, Crown Solicitor for New South Wales)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJLESLIE ANNETTS & ANOR APPLICANTS
AND
AUSTRALIAN STATIONS PTY LIMITED RESPONDENT
Annetts v Australian Stations Pty Limited
5 September 2002
P97/2000ORDER
1. Application for special leave granted.
2. Appeal allowed.
3. Set aside the order of the Full Court of the Supreme Court of Western Australia dated 21 November 2000 and, in its place, order that the appeal to that Court be allowed and the question posed by Heenan J in his order dated 5 May 1999, for the trial of a preliminary issue, be answered "Yes".
4. Respondent to pay the applicants' costs at first instance, in the Full Court and in this Court.
On appeal from the Supreme Court of Western Australia
Representation:
B W Walker QC with G M Watson for the applicants (instructed by Brezniak Neil-Smith & Co)
D F Jackson QC with S C Finnane for the respondent (instructed by Deacons)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
GLEESON CJ. These two matters (the first, an appeal from the Court of Appeal of New South Wales[1]; the second, an application for special leave to appeal against a decision of the Full Court of the Supreme Court of Western Australia[2]) were heard together. The elements common to both are that they concern the tort of negligence, and the harm suffered by the plaintiffs was psychiatric injury unassociated with any other form of injury to person or property resulting from the allegedly tortious conduct. To describe them as cases about psychiatric injury directs attention to the kind of harm suffered by the injured plaintiffs, and the interests of the plaintiffs which the law might protect. However, the law of tort concerns duties as well as rights, and responsibilities of defendants as well as entitlements of plaintiffs. If attention is directed to the conduct of the alleged tortfeasors, and the responsibilities attributed to them, the two cases are quite different.
In the first case, the respondent is sought to be made vicariously liable for the conduct of a police officer who made…
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- Case
- [2002] HCA 35
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the police constable owed a duty of care to Mrs Tame in relation to the accuracy of the information recorded in the police report, and whether the psychiatric injury suffered by Mrs Tame was reasonably foreseeable. The Court was required to consider the principles governing the imposition of a duty of care in negligence, particularly in the context of psychiatric harm, and whether factors such as normal fortitude, sudden shock, direct perception, or the immediate aftermath of an event were determinative of the existence of such a duty.
The Court reasoned that the imposition of a duty of care in negligence is not solely determined by foreseeability of harm. It involves a broader consideration of policy and the relationship between the parties, including the existence of control mechanisms. The Court found that while the police constable's error was a factual cause of Mrs Tame's distress, it did not establish a novel duty of care owed by the constable to Mrs Tame in relation to the recording of her blood alcohol content. The Court held that the circumstances did not warrant the imposition of a duty of care that would extend to protecting Mrs Tame from psychiatric injury arising from the correction of a factual error in a police report, particularly when the error was not the reason for the insurer's dispute over physiotherapy costs.
The appeal was dismissed with costs.
Orders
Orders of the court
Appeal dismissed with costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: GLEESON CJ, HUGH J
Full text does not contain this section.