S v State of New South Wales [2009] NSWCA 164

New South Wales Court of Appeal

CITATION: S v State of New South Wales [2009] NSWCA 164

HEARING DATE(S): 21, 22 and 26 May 2009

JUDGMENT DATE: 17 July 2009

JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Macfarlan JA at 3

(1) Appeal allowed. (2) Set aside the judgment and the orders for costs made at first instance. (3) Judgment for the appellant in the amount of $1,679,936.71, together with such amount, if any, as may be assessed by the primary judge in respect of domestic assistance. (4) Remit to the primary judge the assessment of the appellant's claim for damages in respect of domestic assistance. DECISION: (5) Order that until further order there be no disclosure, except to the parties to these proceedings and to the Commissioner of Police, of any part of the Court's reasons for judgment other than the description of the orders proposed to be made and any record of the orders in fact made. (6) Direct that writtten submissions and draft orders as to issues of part payment of the judgment, costs and confidentiality of portions of the reasons for judgment be filed and served as follows: (a) By the appellant and the Commissioner of Police, within 3 days of the date of the Court's judgment. (b) By the respondent, within 3 days thereafter; and (c) Any reply within 2 days thereafter. (7) Direct that the issues referred to in the last order be determined upon the basis of the written submissions and the draft orders to be filed by the parties and the Commissioner of Police.

CATCHWORDS: TORTS - negligence - employer's duty of care - undercover police officer suffering psychiatric injury - accumulation of stress - whether duration of undercover service excessive - whether employer should have provided for compulsory reviews of officer's mental health - whether injury caused or, materially contributed to, by alleged negligence