Elisha v Vision Australia Limited [2024] HCA 50

HIGH COURT OF AUSTRALIA

GAGELER CJ,

GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJ

ADAM ELISHA APPELLANT

AND

VISION AUSTRALIA LIMITED RESPONDENT

Elisha v Vision Australia Limited

[2024] HCA 50

Date of Hearing: 16 October 2024

Date of Judgment: 11 December 2024

M22/2024

ORDER

1. Appeal allowed with costs.

2. Set aside orders 2 to 6 of the orders of the Court of Appeal of the Supreme Court of Victoria made on 28 November 2023 and, in their place, order that the appeal be dismissed with costs.

On appeal from the Supreme Court of Victoria

Representation

P D Herzfeld SC with E Makowski and S D D Puttick for the appellant (instructed by Arnold Thomas & Becker Lawyers)

P M O'Grady KC and S E Gladman SC with L R Howard for the respondent (instructed by IDP 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

Elisha v Vision Australia Limited

Damages – Assessment – Breach of contract – Scope of contractual duty – Remoteness – Where appellant employed by respondent – Where incident involving appellant occurred during travel for appellant's work duties – Where appellant provided with "stand down letter" outlining allegations arising from incident – Where previous reports of appellant's aggressive behaviour – Where disciplinary meeting held for appellant to respond to allegations in stand down letter – Where employment terminated – Where decision to terminate employment based upon allegations of previous aggressive behaviour not put to appellant contrary to respondent's disciplinary procedure – Where appellant diagnosed with major depressive disorder – Whether liability for psychiatric injury caused by employer's breach beyond scope of employer's duty concerned with manner of dismissal – Whether rule in Addis v Gramophone Company Ltd [1909] AC 488 precludes recovery of damages for breach of contract in respect of psychiatric injury caused by manner of dismissal – Whether damage too remote.