State of NSW v Coffey [2002] NSWCA 361

New South Wales Court of Appeal

CITATION : State of NSW v Coffey [2002] NSWCA 361 FILE NUMBER(S) : CA 40957 of 2001 HEARING DATE(S) : 28/10/02 JUDGMENT DATE : 7 November 2002

State of New South Wales PARTIES : v William Coffey JUDGMENT OF : Meagher JA at 1; Heydon JA at 18; Ipp JA at 19

LOWER COURT JURISDICTION : District Court LOWER COURT DC 2291 of 1999 FILE NUMBER(S) : LOWER COURT Hosking DCJ JUDICIAL OFFICER :

COUNSEL : A: Mr Burbidge QC with Mr Wynyard R: Mr Toomey QC with Mr Walker SOLICITORS : A: Gillis Delaney Brown R: Denis M Amderson CATCHWORDS : District Court - psychologically injured worker - safe system of work - appeal allowed. CASES CITED: Bankstown Foundry Pty Ltd v Braistina (1986) 160 CLR 301 Pioneer Construction Material Pty Ltd v Millsom [2002] NSWCA 258 (unreported, 28 August 2002) DECISION : 1. Appeal allowed; 2. Judgment and verdict below set aside; 3. In lieu of verdict for the plaintiff in the amount of $463,947.00, verdict for the plaintiff in the amount of $459,478.0; 4. The appellant to pay the costs of the appeal, and of the trial.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40957 of 2001

MEAGHER JA HEYDON JA IPP JA

Thursday, 7 November 2002 STATE OF NEW SOUTH WALES v COFFEY

Facts The respondent, Mr Coffey, worked as a caretaker/manager of blocks of Housing Commission flats in Surry Hills from July 1988 to December 1996. During this period, the tenants subjected him to abuse, threats and various accusations. The respondent also had the misfortune of witnessing a number of murders or suicides, the result of which he had to deal with. On several occasions, the respondent requested that security screens be erected on the counter, but his requests were denied. He also asked for legal support, but got none. When the respondent left his job in 1996, he was suffering depression, post traumatic stress disorder and chronic dysthymia.