De Beer v The State of New South Wales and Anor [2009] NSWSC 364

New South Wales Supreme Court

CITATION : De Beer v The State of New South Wales and Anor [2009] NSWSC 364 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 16 March 2009, 17 March 2009, 18 March 2009

JUDGMENT DATE : 11 May 2009

JUDGMENT OF : Schmidt AJ

Proposed Orders: 1. Verdict for the plaintiff. 2. An order for damages in favour of the plaintiff, calculated in accordance with this judgment. DECISION : 3. The defendants to pay the plaintiff's costs of the proceedings 4. Verdict for the first defendant on the cross claim. 5. The first defendant is entitled to an order against the second defendant in an amount reflecting 50% of the damages ordered in favour of the plaintiff and an order of costs on the cross claim. The parties are to bring in short minutes of order to give effect to the judgment.

CATCHWORDS : TORTS - negligence - dangerous and injurious things, etc - electric shock - duty of care - neurocognitive and psychological injuries suffered as the result of electric shock - concurrent evidence - damages

LEGISLATION CITED : Civil Liability Act 2002

CATEGORY : Principal judgment

Bresatz and Another v Przibillai and Another (1962) 108 CLR 541 Fuller v NSW Department of School Education and Training [2004] NSWCA 242 James Hardie and Coy Pty Limited v Roberts and Another (1999) 47 NSWLR 425 CASES CITED : Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 Najdovski v Crnojlovic [2008] NSWCA 175 Roads and Traffic Authority of NSW v Chandler [2008] NSWCA 64 The Commonwealth of Australia v Introvigne (1981) 150 CLR 258 Wynn v New South Wales Insurance Ministerial Corp (1995) 184 CLR 485