Sheehan v SRA; Wicks v SRA [2009] NSWCA 261

Appeal Outcome: Special leave granted by the High Court, 12 February 2010 s262/2009 s263/2009 [2010] HCATrans 15Judgment reserved, 13 April 2010 [2010] HCATrans 87Appeal allowed with costs, 16 June 2010 [2010] HCA 22

New South Wales Court of Appeal

CITATION: Sheehan v SRA; Wicks v SRA [2009] NSWCA 261 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11 June 2009

JUDGMENT DATE: 31 August 2009

JUDGMENT OF: Beazley JA at 1; Giles JA at 81; McColl JA at 82

DECISION: Each appeal is dismissed with costs.

CATCHWORDS: TORTS – negligence – rescuer- psychiatric injury – whether the defendant owed a rescuer a common law duty of care - TORTS – negligence – psychiatric injury – interpretation of the Civil Liability Act 2002, Pt 3 – whether a rescuer is entitled to damages pursuant to the Civil Liability Act 2002, Pt 3 – meaning of the phrase "the plaintiff witnessed, at the scene, the victim being killed, injured or put in peril"

Civil Law (Wrongs) Act 2002 (ACT), s 34(2)(b); s 34 Civil Liability Act 1936 (SA), s 33; s 53(1)(a) Civil Liability Act 2002 (Tas), s 32; s 34 Civil Liability Act 2002 (WA), s 5S(2)(b) Civil Liability Act 2002, s 5B(1), s 5H(1); s 5M(1); s 30(2); Part 3; s 42; s 49 Civil Liability Act 2003 (Qld) Civil Liability Amendment (Personal Responsibility) Act 2002, Sch 1; Sch 2 Compensation to Relatives Act 1897, s 4 LEGISLATION CITED: Fatal Accidents Act 1846 (UK) Interpretation Act 1987, s 34(1) Law Reform (Miscellaneous Provisions) Act 1944, s 4; Part 3 Motor Accidents Compensation Act 1999, s 3; s 141 Road Transport (General) Act 2005, s 3 Uniform Civil Procedure Rules 2005 (NSW) r 14.14; r 15.1 Veterans' Entitlements Act 1986 (Cth), s 36(a)(i) Workers Compensation Act 1987, s 151Z Wrongs Act 1958 (Vic), s 72; s 73(2)(a)