High Court of Australia

Tame v New South Wales [2002] HCA 35

Annetts v Australian Stations Pty Limited

211 CLR 317; 76 ALJR 1348; 191 ALR 449

5 Sep 2002

Case Number: S83/2001 P97/2000

Before

Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ

Catchwords

Tame v New South Wales

Negligence
– Duty of care - Psychiatric injury - Motor accident - Clerical error by police constable in recording driver's blood alcohol content - Psychotic depressive illness caused by driver learning of mistake - Whether duty of care owed by police constable to driver - Whether psychiatric injury reasonably foreseeable - Whether sole determinant of duty - Other control mechanisms for imposition of duty - Normal fortitude - Sudden shock - Direct perception - Immediate aftermath.

Annetts v Australian Stations Pty Limited

Negligence
– Duty of care - Psychiatric injury - Death of child - Assurances of constant supervision of child made by employer to parents - Whether duty of care owed by employer of child to parents - Whether psychiatric injury reasonably foreseeable - Whether sole determinant of duty - Other control mechanisms for imposition of duty - Normal fortitude - Sudden shock - Direct perception - Immediate aftermath.

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