Carangelo v State of New South Wales [2015] NSWSC 655

Supreme Court New South Wales

Medium Neutral Citation: Carangelo v State of New South Wales [2015] NSWSC 655 Hearing dates: 18, 19, 20, 21, 22 and 25 May 2015 Decision date: 29 May 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Judgment for the defendant.

(2) Subject to an application for a different order being made in writing to my Associate within seven days of the date of this order, order the plaintiff to pay the defendant's costs of the proceedings. Catchwords: TORTS – negligence – personal injury – psychiatric injury – plaintiff a former police officer who suffered many traumatic experiences during 35 year career and was subject of lengthy Police Integrity Commission inquiry which commenced in 2005 – plaintiff suffering from Chronic Adjustment Disorder – whether defendant breached its duty of care by failing to ensure psychiatric assessment of plaintiff when he showed signs of vulnerability in 1999 – whether defendant breached its duty of care by failing to provide adequate support for plaintiff in relation to Police Integrity Commission inquiry – whether defendant's negligence shown to be causative of plaintiff's Chronic Adjustment Disorder on balance of probabilities Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D, 5E, 5R, 13, 16, 42, Sch 1 cl 2 Limitation Act 1969 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW), s 8 Ombudsman Act 1974 (NSW), s 31 Police Act 1990 (NSW), ss 8, 181D, 201 Police Integrity Commission Act 1996 (NSW), ss 26, 54 Police Regulation Act 1899 (NSW), s 7A Police Regulation (Superannuation) Act 1906 (NSW), ss 10, 10B Police Service Act 1990 (NSW) Workers Compensation Act 1987 (NSW), s 11A Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 4 Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] HCA 48; 239 CLR 420 Amaca Pty Ltd v Booth [2011] HCA 53; 246 CLR 36 Crimmins v Stevedoring Industry Finance Committee [1999] HCA 59; 200 CLR 1 Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32 Hegarty v Queensland Ambulance Service [2007] QCA 366 Kondis v State Transport Authority [1984] HCA 61; 154 CLR 672 McLean v Tedman [1984] HCA 60; 155 CLR 306 New South Wales v Fahy [2007] HCA 20; 232 CLR 486 Podrebersek v Australian Iron & Steel [1985] HCA 34; 59 ALJR 492 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; 49 NSWLR 262 State of New South Wales v Lepore [2003] HCA 4; 212 CLR 511 State of New South Wales v Moss [2000] NSWCA 133; 54 NSWLR 536 State of New South Wales v Seedsman [2000] NSWCA 119 Strong v Woolworths Ltd [2012] HCA 5; 246 CLR 182 Texts Cited: Degeling, Edelman and Goudkamp (eds), 'Torts in Commercial Law' (2011, Lawbook Co.) Category: Principal judgment Parties: Benjamin Carangelo (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: I Roberts SC/T Ower (Plaintiff) P Menzies QC/M Avenell (Defendant)