NSW Caselaw
Appeal Outcome: Special leave dismissed with costs by the High Court, 2 October 2009 s123/2009
New South Wales Court of Appeal
CITATION: Mackinnon v BlueScope Steel (AIS) Pty Ltd & Ors [2009] NSWCA 94
HEARING DATE(S): 30/03/2009; 31/03/2009
JUDGMENT DATE: 8 May 2009
JUDGMENT OF: Ipp JA at 1; Macfarlan JA at 2; Hoeben J at 3
Appeal allowed. DECISION: New trial ordered. See paragraph [148] for further orders.
CATCHWORDS: TORTS - negligence - employment relationship - doctor diagnosed with psychiatric condition following attendance at leadership course - was development of psychiatric condition reasonably foreseeable - correct test of foreseeability for psychiatric injury - relevance of "normal fortitude" test - breach of duty - whether evidence of breach properly considered - failure by employer to observe course care protocol - causation - failure to properly analyse expert evidence - failure to provide adequate reasons - insufficient findings of fact to enable choice of law question to be resolved - costs.
LEGISLATION CITED: Accident Compensation Act 1985 (Vic)
CATEGORY: Principal judgment
Koehler v Cerebos (Australia) Limited [2005] HCA 15; (2005) 222 CLR 44 at [33] Papadopoulos v New South Wales Insurance Ministerial Corporation [1999] NSWCA 116 at [17] CASES CITED: Thompson v Hill; Clarke v Fowler (1995) 38 NSWLR 714 Wiki v Atlantis Relocations (NSW) Pty Ltd [2004] NSWCA 174; (2004) 60 NSWLR 127 Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47-48
Dr Angus Mackinnon by his tutor Nantia Mackinnon - Appellant BlueScope Steel (AIS) Pty Ltd - First Respondent/Cross-Appellant PARTIES: Dr Angus Mackinnon by his tutor Nantia Mackinnon - First Cross Respondent Dalmau & Associates Pty Ltd - Second Cross Respondent Draft One Communications Pty Limited - Third Cross Respondent McKenzie & Associates Pty Limited - Fourth Cross Respondent
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