Doherty v State of New South Wales [2010] NSWSC 450

New South Wales Supreme Court

CITATION : Doherty v State of New South Wales [2010] NSWSC 450

23 November 2009 24 November 2009 25 November 2009 26 November 2009 HEARING DATE(S) : 30 November 2009 1 December 2009 2 December 2009 4 December 2009 16 December 2009 17 December 2009

JUDGMENT DATE : 20 May 2010

JUDGMENT OF : Price J at 1

DECISION : 1. Order that the limitation period within which the plaintiff was entitled to commence these proceedings be extended up to and including 13 March 2008. 2. Verdict and Judgment for the plaintiff in the sum of $753,676.85. 3. I shall hear the parties on the question of costs.

CATCHWORDS : NEGLIGENCE - duty of care - police officer in Forensic Services Group - psychological injury sustained in the course of work as crime scene investigator - defendant's duty of care not discharged by referral of the plaintiff to a psychologist and general practitioner - duty of care non-delegable - allegation that defendant breached its duty of care by, inter alia, failing to have plaintiff clinically interviewed by a psychologist after psychometric testing - failing to place him on restricted duties and closely monitor him upon return to work - by exposing him to crime scenes when he was unwell - by failing to specifically test for PTSD and by failing to refer him to a psychiatrist - breach of duty denied - breach of duty found - CAUSATION - whether any causal connection between psychological injury and breach of duty - causal connection found - CONTRIBUTORY NEGLIGENCE - allegation that the plaintiff was contributory negligent by, inter alia, failing to disclose his symptoms - contributory negligence denied - contributory negligence found and assessed at thirty five per cent - LIMITATION OF ACTION - causes of action which accrued in 2003 and 2004 not out of time - extension of limitation period for cause of action which accrued in 2001 - DAMAGES - whether there should be a deduction for damage not caused by the defendant's negligence - assessment.