Carangelo v State of New South Wales [2016] NSWCA 126

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carangelo v State of New South Wales [2016] NSWCA 126 Hearing dates: 3 February 2016 Date of orders: 27 May 2016 Decision date: 27 May 2016 Before: Macfarlan JA at [1]; Gleeson JA at [3]; Emmett AJA at [4] Decision: Appeal dismissed with costs Catchwords: TORTS – negligence – duty of care – breach of duty – failure of Commissioner of Police to take reasonable precautions against the officer's risk of suffering psychiatric injury – whether primary judge erred in applying s 5D of the Civil Liability Act 2002 (NSW)

TORTS – negligence – factual causation - "but for" test of causation not applicable in this case – causation must be established by reference to s 5D(2) as an "exceptional case" – where factual circumstances do not indicate this is an exceptional case Legislation Cited: Civil Liability Act 2002 (NSW), s 5D Law Reform (Vicarious Liability) Act 1983 (NSW), s 8 Police Act 1990 (NSW), ss 8, 181D Police Regulation (Superannuation) Act 1906 (NSW), s10B(3)(a) Cases Cited: Amaca Pty Ltd v Booth [2011] HCA 53; 246 CLR 36 Strong v Woolworths Ltd [2012] HCA 5; 246 CLR 182 Tabet v Gett [2010] HCA 12; 240 CLR 537 Texts Cited: Review of the Law of Negligence Report (2002) Category: Principal judgment Parties: Benjamin Carangelo (Appellant) State of New South Wales (Respondent) Representation: Counsel: T Ower / K Balendra (Appellant) P Menzies QC / B Nolan (Respondent)