Wright v State of New South Wales [2006] NSWCA 152

New South Wales Court of Appeal

CITATION: Wright v State of New South Wales [2006] NSWCA 152

HEARING DATE(S): 3 May 2006

JUDGMENT DATE: 20 June 2006

JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Grove J at 3

DECISION: Appeal dismissed with costs

CATCHWORDS: NEGLIGENCE - POLICE OFFICER STATIONED IN COUNTRY TOWN SENT TO WESTERN TOWN FOR TEMPORARY DUTY - SUMMER MOSQUITO RISK - GENERAL WARNING PUBLICISED IN WESTERN DIVISION OF STATE - NO SPECIFIC WARNING TO OFFICER - BITTEN BY MOSQUITOES WHILE OFF DUTY FISHING - ROSS RIVER FEVER - DUTY OF CARE OF EMPLOYER EXTENDS FURTHER THAN FOUND BY TRIAL JUDGE BUT NO BREACH OF DUTY DEMONSTRATED - (ND)

CASES CITED: Crimmins v Stevedoring Industry Finance Committee 1999 200 CLR 1

PARTIES: Bruce Wright v State of New South Wales

FILE NUMBER(S): CA 40760/2004

COUNSEL: Appellant: B.J. Gross QC with K. Earl Respondent: P. Taylor SC with P. Sternberg

SOLICITORS: Appellant: Baker & Edmunds (Beecroft) Respondent: I.V. Knight (Crown Solicitor)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 3112/02

LOWER COURT JUDICIAL OFFICER: Naughton DCJ

LOWER COURT DATE OF DECISION: 23.08.04 unreported

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40760/2004 DC 3112/2002

GILES JA HODGSON JA GROVE J Tuesday 20 June 2006 BRUCE WRIGHT v STATE OF NEW SOUTH WALES JUDGMENT

1 GILES JA: I agree with Grove J.

2 HODGSON JA: I agree with Grove J.

3 GROVE J: This is an appeal against judgment for the respondent in an action which sought damages for personal injuries claimed to have been caused by a breach of duty of the respondent in its capacity as the appellant's employer.