Wicks v State Rail Authority of New South Wales [2010] HCA 22

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ

Matter No S27/2010

DAVID COLIN WICKS APPELLANT

AND

STATE RAIL AUTHORITY OF NEW SOUTH WALES

KNOWN AS STATE RAIL RESPONDENT

Matter No S28/2010

PHILIP KEVIN SHEEHAN APPELLANT

AND

STATE RAIL AUTHORITY OF NEW SOUTH WALES

KNOWN AS STATE RAIL RESPONDENT

Wicks v State Rail Authority of New South Wales

Sheehan v State Rail Authority of New South Wales

[2010] HCA 22

16 June 2010

S27/2010 & S28/2010

ORDER

In each matter order that:

1. Appeal allowed with costs.

2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 31 August 2009.

3. Remit the matter to the Court of Appeal for further consideration in accordance with the reasons of this Court.

4. The costs of the proceedings in the Court of Appeal to date, and the costs of the further proceedings in that Court, be in the discretion of that Court.

On appeal from the Supreme Court of New South Wales

Representation

B J Gross QC with K O Earl for the appellant in both matters (instructed by Baker & Edmunds)

J T Gleeson SC with P M Morris and B A Arste for the respondent in both matters (instructed by DLA Phillips Fox Lawyers)

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

CATCHWORDS

Wicks v State Rail Authority of New South Wales

Sheehan v State Rail Authority of New South Wales

Negligence – Duty of care – Personal injuries – Psychological and psychiatric injuries – Train derailment – Passengers killed and injured – Police officers who attended scene sued railway operator in negligence for psychological and psychiatric injuries – Whether police officers "witnessed, at the scene, [one or more persons] being killed, injured or put in peril" by railway operator.