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Tame v New South Wales; Annetts v Australian Stations Pty Limited; 5 Sep 2002

References: [2002] HCA 35, [2002] 211 CLR 317, [2002] 191 ALR 449, [2002] 76 ALJR 1348
Links: Austlii
Coram: Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Ratio: Austlii (High Court of Australia) 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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Last Update: 01-Jul-16
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