AMP v RTA & Anor; RTA v AMP & Anor [2001] NSWCA 186

AMP v RTA & Anor; RTA v AMP & Anor [2001] NSWCA 186

The causal connection between the defendant's negligent act (failure to provide a safe system of work) and the suicide was broken by an intervening act (the cross-examination and subsequent litigation distress), which was not a foreseeable or typical consequence of the original injury. Neither the depression nor the suicide were reasonably foreseeable as consequences for a person of normal fortitude. Thus, there was no duty to guard against such specific psychiatric harm to the plaintiff, and damages arising therefrom were too remote. The employer and its insurer were not liable for the nervous shock and financial loss claimed.

Jurisdiction
Australia
Judgment Date
02 August 2001
Procedural Posture
Appeal / Court of Appeal, Judgment on Appeal From District Court
Outcome
Appeals allowed. Judgments for nervous shock and under the Compensation to Relatives Act set aside; verdict for the defendant/appellant on those claims. Judgment for the defendant RTA against AMP in the specified sum as executrix; restitution ordered for monies paid upon those claims; no order as to costs on appeal.
Legal Topics
['negligence' 'causation' 'foreseeability' 'remoteness' 'employer Liability' 'nervous Shock' 'suicide' 'duty of Care']
['torts'] ['negligence' 'causation' 'foreseeability' 'remoteness' 'employer Liability' 'nervous Shock' 'suicide' 'duty of Care']

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Procedural Posture

Appeal / Court of Appeal, Judgment on Appeal From District Court

Legal Issues

  1. 1 ["Whether the employer is liable to the widow of a deceased employee for nervous shock and financial loss after employee's suicide allegedly linked to a workplace injury and subsequent litigation" 'Whether the original workplace injury foreseeably caused the suicide and resultant damages' 'Whether the chain of causation was broken by intervening events, namely litigation and cross-examination']

Ratio Decidendi

The causal connection between the defendant's negligent act (failure to provide a safe system of work) and the suicide was broken by an intervening act (the cross-examination and subsequent litigation distress), which was not a foreseeable or typical consequence of the original injury. Neither the depression nor the suicide were reasonably foreseeable as consequences for a person of normal fortitude. Thus, there was no duty to guard against such specific psychiatric harm to the plaintiff, and damages arising therefrom were too remote. The employer and its insurer were not liable for the nervous shock and financial loss claimed.

Court Disposition

Appeals allowed. Judgments for nervous shock and under the Compensation to Relatives Act set aside; verdict for the defendant/appellant on those claims. Judgment for the defendant RTA against AMP in the specified sum as executrix; restitution ordered for monies paid upon those claims; no order as to costs on appeal.

Orders

  • ['Appeal by Roads & Traffic Authority of NSW (CA 40399/00) allowed.' 'Order 2 (trial) set aside; verdict for RTA on Compensation to Relatives Act claim.' 'Order 3 (trial) set aside; verdict for RTA on nervous shock claim.' 'Order 4 (trial) set aside; verdict for RTA against AMP General Insurance Ltd in the sum of...