Cooper v State of New South Wales [2019] NSWDC 20

District Court New South Wales

Medium Neutral Citation: Cooper v State of New South Wales [2019] NSWDC 20 Hearing dates: 11, 12 and 13 February 2019 Date of orders: 22 February 2019 Decision date: 22 February 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff for $316.85. (2) Order the defendant to pay the plaintiff's costs. Catchwords: TORTS – negligence – motorist collided with police officer who stepped out on the road – claim by motorist for damages for physical and psychological injuries – police tort claim – s 9B Law Reform (Vicarious Liability) Act 1983

TORTS – negligence – common law duty of care –conflict between common law duty and public duty – whether common law duty inconsistent with exercise of police powers, duties and responsibilities.

TORTS – negligence – whether there was a failure to take reasonable precautions – s 5B Civil Liability Act 2002 – causation – s 5D Civil Liability Act 2002 – contributory negligence

TORTS – negligence – whether defendant ought to have foreseen psychological injury – person of normal fortitude - s 32 Civil Liability Act 2002

DAMAGES – non-economic loss –– out-of-pocket expenses – loss of capacity to provide gratuitous domestic services – s 15B Civil Liability Act 2002 Legislation Cited: Civil Liability Act 2002 (NSW) Law Reform (Vicarious Liability) Act 1983 (NSW) Cases Cited: Hunter and New England Local Health District v McKenna [2014] HCA 44; (2014) 253 CLR 270 State of New South Wales v Tyszyk [2008] NSWCA 107 Sullivan v Moody [2001] HCA 59; (2001) 207 CLR 572 Tame v New South Wales [2002] HCA 35; (2002) 211 CLR 317 Ticehurst v Skeen (1986) 3 MVR 307 Category: Principal judgment Parties: Kristi Cooper (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: P Blacket SC with J Wilson (Plaintiff) H Chiu (Defendant)