(New South Wales – Court of Appeal) Giles JA said: ‘but it is now more readily recognised that in causation, said to be a question of fact though tempered by value judgements and infused with policy considerations because with a view to allocating legal responsibility (March v E and MH Stramare Pty Ltd (1991) 171 CLR 506), an intentional act even of the person wronged may not break the chain of causation. The intentional act may be part of the chain of causation . .
Insanity is a concept of varying content, and the true enquiry (if the validity of any such enquiry be assumed) is into the worker’s mental state so that it might be found whether his suicide should be regarded as an intentional act. The test of dethronement of the power of volition has been adopted, and it does not necessarily turn on insanity. The law recognises in context not involving insanity that the will may be overborne or subjected to such influences that, although the act is deliberate, it is not regarded as the actor’s intentional act. In the context of duress, for example, Lord Simon said that duress ‘deflects, without destroying, the will of one of the contracting parties’ (Director of Public Prosecutions for Northern Ireland v Lynch [1975] AC 653 at 695) . .’
Judges:
Giles JA
Citations:
[2000] NSWCA 87
Cited by:
Cited – Corr v IBC Vehicles Ltd CA 31-Mar-2006
The deceased had suffered a head injury whilst working for the defendant. In addition to severe physical consequences he suffered post-traumatic stress, became more and more depressed, and then committed suicide six years later. The claimant . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Negligence
Updated: 10 May 2022; Ref: scu.240043
