STATE OF NEW SOUTH WALES v NAPIER [2002] NSWCA 402

New South Wales Court of Appeal

CITATION : STATE OF NEW SOUTH WALES v NAPIER [2002] NSWCA 402 FILE NUMBER(S) : CA 40765/01 HEARING DATE(S) : 20 May 2002 JUDGMENT DATE : 13 December 2002

PARTIES : STATE OF NEW SOUTH WALES BY ITS DEPARTMENT OF CORRECTIVE SERVICES & ANOR v ROBERT MAXWELL NAPIER JUDGMENT OF : Spigelman CJ at 1; Mason P at 34; Meagher JA at 92

LOWER COURT JURISDICTION : District Court LOWER COURT DC 79 of 1999 FILE NUMBER(S) : LOWER COURT Sidis DCJ JUDICIAL OFFICER :

COUNSEL : M L Williams SC / R S Sheldon - Appellant G O'L Reynolds SC / R J M Foord - Respondent SOLICITORS : McCabe Terrill - Appellant Denniston & Day - Respondent CATCHWORDS : Personal injury - nervous shock - psychiatric injury - duty of care - reasonable foreseeability - special relationship - vulnerability - assumption of responsibility - control - public authority - prison complex (D) LEGISLATION CITED : Correctional Centres Act 1952 DECISION : Appeal dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40765 of 2001 DC 79 of 1999

SPIGELMAN CJ MASON P MEAGHER JA

Friday 13 December 2002

THE STATE OF NEW SOUTH WALES BY ITS DEPARTMENT OF CORRECTIVE SERVICES & ANOR v Robert Maxwell NAPIER

The plaintiff sued the State of NSW, Australasian Correctional Management Pty Ltd (ACM) and International Cable Manufacturers Pty Ltd (ICM) in negligence for the injury of nervous shock and related impairments. The injury had resulted from various threats and actions of inmates of Junee Correctional Centre that were directed towards the plaintiff whilst he was employed by ICM within Junee Correctional Centre.