AMP v RTA & Anor; RTA v AMP & Anor [2001] NSWCA 186

Reported Decision : [2001] Aust Torts Reports 81-619

New South Wales Court of Appeal

CITATION : AMP v RTA & Anor; RTA v AMP & Anor [2001] NSWCA 186 FILE NUMBER(S) : CA 40319/00; 40399/00 HEARING DATE(S) : 16/05/01 JUDGMENT DATE : 2 August 2001

AMP General Insurance Ltd (Appellant CA 40319/00; First Respondent CA 40399/00) PARTIES : Roads & Traffic Authority of NSW (Appellant CA 40399/00); First Respondent CA 40319/00) Margaret Boxsell (Second Respondent) JUDGMENT OF : Spigelman CJ at 1; Heydon JA at 41; Davies AJA at 170

LOWER COURT JURISDICTION : District Court LOWER COURT DC 2859/98 FILE NUMBER(S) : LOWER COURT Coleman DCJ JUDICIAL OFFICER :

J D Hislop QC/K Andrews (AMP General Insurance Limited) COUNSEL : J A McIntyre SC (Roads & Traffic Authority of NSW) M L Williams SC/Ms P M McDonald (Second Respondent) Gillis Delaney Brown (AMP General Insurance Limited) SOLICITORS : Hunt & Hunt (Roads & Traffic Authority of NSW) Carroll & O'Dea (Second Respondent) CATCHWORDS : Torts - Negligence - Liability - Foreseeability - Causation - Remoteness - Whether employer liable to deceased employee's widow for damage caused to her by employee's suicide - Employer breached duty of care to employee causing back injury - Employee applied for extension of limitation period in order to bring action for damages for back injury - Employee suffered stress from cross-examination in the hearing of application - Employee developed depression and committed suicide shortly after hearing - D Compensation to Relatives Act 1897 Fatal Accidents Act 1846 Fatal Accidents Act 1976 LEGISLATION CITED : Law Reform (Miscellaneous Provisions) Act 1934 Motor Accidents Act 1988 Workers Compensation Act 1987 Workmen's Compensation Act 1906 (UK) Workmen's Compensation Act 1925 (UK) CASES CITED: See attached DECISION : See paragraphs 168 and 169