Magnus v South Pacific Air Motive Pty Ltd [2001] FCA 465

Magnus v South Pacific Air Motive Pty Ltd [2001] FCA 465

Where claimants suffered recognisable psychological injuries as a consequence of witnessing or believing their children were killed or endangered in an aviation accident, damages for nervous shock may be assessed. The injury must be beyond normal emotional disturbance and constitute psychiatric disorder or adjustment disorder, provable on evidence.

Parties
Applicant: Kenneth Magnus; Group Member: Marilyn Ann Magnus; Group Member: James Garrey Hall Maxwell; First Respondent: South Pacific Air Motive Pty Limited; Second Respondent: Group Air Pty Limited; Third Respondent: Civil Aviation Safety Authority
Jurisdiction
Australia
Judgment Date
27 April 2001
Procedural Posture
Damages Assessment Nervous Shock / Assessment of Damages Prior to Liability Determination
Outcome
Damages assessed for Mr Magnus, Mrs Magnus, and Dr Maxwell; judgment not entered pending further orders and possible settlement.
Legal Topics
Nervous Shock, Psychiatric Injury, Assessment of Damages
Torts Nervous Shock Psychiatric Injury Assessment of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Kenneth Magnus

Applicant

Marilyn Ann Magnus

Group Member

James Garrey Hall Maxwell

Group Member

South Pacific Air Motive Pty Limited

First Respondent

Group Air Pty Limited

Second Respondent

Civil Aviation Safety Authority

Third Respondent

Procedural Posture

Damages Assessment Nervous Shock / Assessment of Damages Prior to Liability Determination

Legal Issues

  1. 1 whether damages for nervous shock are available to parents whose children were exposed to danger but not physically injured
  2. 2 whether each claimant suffered a psychological injury constituting compensable nervous shock
  3. 3 extent and assessment of psychological injury sustained

Ratio Decidendi

Where claimants suffered recognisable psychological injuries as a consequence of witnessing or believing their children were killed or endangered in an aviation accident, damages for nervous shock may be assessed. The injury must be beyond normal emotional disturbance and constitute psychiatric disorder or adjustment disorder, provable on evidence.

Court Disposition

Damages assessed for Mr Magnus, Mrs Magnus, and Dr Maxwell; judgment not entered pending further orders and possible settlement.

Orders

  • The proceeding be listed for mention at 9.30am on Friday, 25 May 2001.
  • No orders made at this stage regarding the claims.