Sullivan v Moody [2001] HCA 59

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, HAYNE AND CALLINAN JJ

THOMAS PATRICK SULLIVAN APPELLANT

AND

MARGARET CATHERINE MOODY & ORS RESPONDENTS

Sullivan v Moody

[2001] HCA 59

11 October 2001

A21/2001

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of South Australia

Representation:

C J Kourakis QC with H M Heuzenroeder for the appellant (instructed by Margaret J Minney)

A J Besanko QC with D C Lovell for the first to fifth respondents (instructed by Fisher Jeffries)

B M Selway QC Solicitor-General for the State of South Australia with M W Mills for the sixth respondent (instructed by Crown Solicitor for South Australia)

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, HAYNE AND CALLINAN JJ

COLIN LESLIE THOMPSON APPELLANT

AND

AILEEN FORSYTH CONNON & ORS RESPONDENTS

Thompson v Connon

11 October 2001

A23/2001

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of South Australia

Representation:

C J Kourakis QC with E M Boxall for the appellant (instructed by Norman Waterhouse)

A J Besanko QC with D C Lovell for the first to third respondents (instructed by Joanne Tracey)

B M Selway QC Solicitor-General for the State of South Australia with M W Mills for the fourth respondent (instructed by Crown Solicitor for South Australia)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Sullivan v Moody

Thompson v Connon

Torts – Negligence – Duty of care – Appellants suspected of sexually abusing their children – Alleged negligence of respondents in investigating and reporting on allegations – Appellants claimed that they suffered shock, distress, psychiatric injury, and consequential personal and financial loss as a result of the accusations – Whether medical practitioners, social workers and departmental officers involved in investigating and reporting upon allegations of child sexual abuse owe a duty of care to suspects.