Wicks v Railcorp; Sheehan v State Rail [2007] NSWSC 1346

Wicks v Railcorp; Sheehan v State Rail [2007] NSWSC 1346

Neither plaintiff established the statutory preconditions for recovery for pure mental harm. The plaintiffs arrived after the derailment and saw the aftermath, not passengers being killed, injured or put in peril at the scene within s 30(2)(a). The evidence did not identify any particular victim or show that either plaintiff witnessed an actual state of peril, and did not demonstrate pure mental harm in connection with another person being killed, injured or put in peril by the defendants' act or omission. The plaintiffs also did not make out the duty requirement under s 32(1).

Jurisdiction
Australia
Judgment Date
30 November 2007
Procedural Posture
Negligence Claims for Damages for Pure Mental Harm Arising From the Waterfall Train Derailment / Trial of Separated Liability Issues
Outcome
Judgment for the defendant in each proceeding.
Legal Topics
['pure Mental Harm' 'duty of Care to Rescuers' 'recognised Psychiatric Illness' 'civil Liability Act 2002 (nsw) S 30' 'civil Liability Act 2002 (nsw) S 32' 'waterfall Train Derailment']
['torts' 'negligence' 'personal Injury' 'mental Harm'] ['pure Mental Harm' 'duty of Care to Rescuers' 'recognised Psychiatric Illness' 'civil Liability Act 2002 (nsw) S 30' 'civil Liability Act 2002 (nsw) S 32' 'waterfall Train Derailment']

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Procedural Posture

Negligence Claims for Damages for Pure Mental Harm Arising From the Waterfall Train Derailment / Trial of Separated Liability Issues

Legal Issues

  1. 1 ['Did the defendant owe each plaintiff, as a rescuer, a duty of care?' 'Did each plaintiff witness, at the scene, victims of the derailment being killed, injured or put in peril in accordance with section 30(2) of the Civil Liability Act 2002 (NSW)?' "Did each plaintiff's attendance at the derailment cause him to suffer a recognised psychiatric illness and, if so, what was the nature of that illness?" "What was each plaintiff's entitlement to damages?" "Were damages to be reduced by reason of the employer's negligence in accordance with section 151Z of the Workers Compensation Act 1987 (NSW)?"]

Ratio Decidendi

Neither plaintiff established the statutory preconditions for recovery for pure mental harm. The plaintiffs arrived after the derailment and saw the aftermath, not passengers being killed, injured or put in peril at the scene within s 30(2)(a). The evidence did not identify any particular victim or show that either plaintiff witnessed an actual state of peril, and did not demonstrate pure mental harm in connection with another person being killed, injured or put in peril by the defendants' act or omission. The plaintiffs also did not make out the duty requirement under s 32(1).

Court Disposition

Judgment for the defendant in each proceeding.

Orders

  • ['I direct the entry of judgment for the defendant in each of the two proceedings.' 'Each plaintiff is to pay the costs of his respective proceedings.' 'The exhibits may be returned.']