Pearce v The State of New South Wales [2005] NSWDC 21

New South Wales District Court

CITATION: Pearce v The State of New South Wales [2005] NSWDC 21

HEARING DATE(S): 7, 8, 9, 10, 11, 14, 15, 16, 17 and 18 March, 21 April 2005 and written submissions to 3 May (defendant) and 3 June (plaintiff)

JUDGMENT DATE: 29 September 2005

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) Judgment for the plaintiff in the sum of $580,703.00.; (2) Defendant to pay plaintiff's costs.; (3) Liberty to restore in relation to costs or pursuant to slip rule.; (4) Exhibits retained for 28 days.

CATCHWORDS: TORT - damages - plaintiff claims psychiatric injuries arising out of employment as a police officer - duty of care and foreseeability - consideration of facilities and assistance provided by employer to police officers - quantum of damages

PARTIES: Plaintiff: Bruce Pearce Defendant: The State of New South Wales

FILE NUMBER(S): 9132 of 2002

COUNSEL: Plaintiff: P. Blackett SC / K.O Earl (Baker & Edmunds) Defendant: C Lonergan (Crown Solicitor)

SOLICITORS: Plaintiff: Baker & Edmunds Defendant: Crown Solicitor

JUDGMENT

Introduction

1. The plaintiff brings proceedings for damages against the defendant, his former employer, for injury (in the form of a psychiatric disorder) by way of a Statement of Claim filed on 20 December 2002. By reason of the date of filing, the cause of action is governed by the provisions of the Civil Liability Act 2002 (NSW), but as to quantum only. The claim consists of a plea for damages for non-economic loss pursuant to the capped damages under the Civil Liability Act, past and future economic loss as governed by the Act, but no out of pocket expenses as the plaintiff specifically reserved his right to claim future out of pocket expenses pursuant to the Police Regulation (Superannuation) Act 1906 (NSW) and past expenses are agreed to have been paid by his employer.