S v State of New South Wales [2008] NSWSC 933

New South Wales Supreme Court

CITATION : S v State of New South Wales [2008] NSWSC 933

HEARING DATE(S) : 19, 20, 25-28, 30 March, 1-3, 14, 15 April, 12 June 2008

JUDGMENT DATE : 9 September 2008

JUDGMENT OF : Harrison J

1. Order that the limitation period within which the plaintiff was entitled to commence these proceedings be extended up to and including 13 July 2004. DECISION : 2. Verdict for the defendant. 3. Direct that the matter be listed before me at some convenient date by arrangement with my Associate for the purposes of hearing further argument as indicated in pars [303] and [304], and for the purposes outlined at par [310], if required. 4. I shall hear the parties on the question of costs.

CATCHWORDS : NEGLIGENCE – duty of care – failure to provide safe system of work – undercover police officer sustained psychiatric injury in the course of her undercover work – retired hurt on duty - allegation that defendant breached its duty of care by, inter alia, failing to train the plaintiff, failing to provide adequate counselling, exposing the plaintiff to excessive periods of undercover work or failing to re-integrate the plaintiff into mainstream policing in an appropriate way – admitted causal connection between that work and the psychiatric injury but breach of duty denied - no breach of duty found – CAUSATION – whether causal connection between plaintiff's psychiatric injury and any breach of duty – injury caused absent the allegedly tortious conduct – LIMITATION OF ACTION – extension of limitation period by reason of psychiatric condition – s 52 Limitation Act 1969

LEGISLATION CITED : Civil Liability Act 2002 Limitation Act 1969

CATEGORY : Principal judgment