TC v State of New South Wales

The plaintiff, TC, brought proceedings against the State of New South Wales alleging negligence. The dispute concerned the State's alleged delay in appointing a doctor to investigate allegations of sexual abuse made by the plaintiff. The case was heard by the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the State had breached a duty of care owed to the plaintiff by failing to appoint a doctor promptly to investigate the allegations of sexual abuse. A further, and ultimately decisive, issue was whether, assuming a breach of duty, that breach had caused or materially contributed to the plaintiff's psychiatric disorder. The Court also considered the principles relating to the onus of proof in negligence claims, particularly the distinction between the legal onus and the evidentiary onus.

The Court of Appeal found that while there may have been a delay in appointing a doctor, this delay did not establish a causal connection with the plaintiff's psychiatric disorder. Applying the principles established in cases such as *Betts v Whittingslowe*, the Court affirmed that the legal onus of proving causation rests with the plaintiff throughout the proceedings. The Court determined that the plaintiff had failed to discharge this onus, as the evidence did not demonstrate that the delay in investigation was a material cause of the psychiatric harm suffered.

Consequently, the Court of Appeal ordered that the notice of cross appeal be struck out and dismissed the appeal with costs.