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Torts

VLS3 v Osborne

Historical sexual abuse claim partly proved. The Court found some abuse on Council grounds, awarded compensatory and aggravated damages, and entered judgment for $461,046.02.

  • Historical sexual abuse
  • Assault and battery
  • Credibility and reliability of evidence
  • Psychiatric injury
  • General damages
  • Aggravated damages
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Negligence

Secretary, Department of Communities and Justice v Soulos

The New South Wales Court of Appeal dismissed an employer’s appeal in a negligence claim arising from a documentary, holding psychiatric harm was reasonably foreseeable.

  • Duty of care
  • Reasonable foreseeability
  • Psychiatric injury
  • Foreseeability of harm
  • Negligence
  • Psychiatric-injury
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Civil procedure

Gibson v Blomdale

Default judgment was entered for the plaintiff after the defendant failed to appear. The court assessed damages for childhood abuse, psychiatric injury, and economic loss.

  • Default judgment
  • Unliquidated damages
  • Child abuse
  • Psychiatric injury
  • Assessment of damages
  • Economic loss
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Administrative law

AAI Limited trading as AAMI v Patsalis

Judicial review of a psychiatric medical assessment under the Motor Accident Injuries Act failed; the summons was dismissed and costs ordered against the insurer.

  • Judicial review of medical assessment
  • Permanent impairment
  • Psychiatric injury
  • Procedural fairness
  • Reasons for decision
  • Delegated review under the personal injury commission act 2020 (nsw)
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Negligence

Fazldeen v State of New South Wales

Fazldeen v State of New South Wales [2025] NSWDC 41

The plaintiff failed to prove a sexual relationship with a school staff member and, in any event, did not prove causation or loss. The claim was dismissed.

  • Duty of care
  • School liability
  • Employee conduct
  • Psychiatric injury
  • Civil liability act
  • Evidentiary weight of business records
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Negligence

Karzi v Toll Pty Ltd

Karzi v Toll Pty Ltd [2024] NSWCA 120

The New South Wales Court of Appeal dismissed an employee’s negligence appeal over psychiatric injury, finding no breach, no pleaded vicarious liability, and no evidentiary error.

  • Duty of care
  • Foreseeability
  • Psychiatric injury
  • Vicarious liability
  • Bullying and harassment
  • Evidence
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Negligence

Sdrolias v Allianz Australia Insurance Ltd

Sdrolias v Allianz Australia Insurance Ltd [2022] NSWCA 20

The Court of Appeal dismissed an appeal in a psychiatric injury claim, holding the trial judge was entitled to reject the plaintiff’s account and find causation not proved.

  • Psychiatric injury
  • Causation
  • Pure mental harm
  • Fact-finding on credibility
  • Post-traumatic stress disorder
  • Psychiatric-injury
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Civil procedure

Watson v State of NSW

Watson v State of NSW [2021] NSWSC 765

The Court held the Limitation Act 1969 (NSW) applied, not the Motor Accidents Compensation Act, and granted Mr Watson leave to commence his negligence claim out of time.

  • Extension of time to bring action
  • Psychiatric injury
  • Statutory interpretation of limitation statutes
  • Definition of motor vehicle in compensation statutes
  • Extension-of-time
  • Limitation-of-actions
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Civil procedure

Skinner v The State of New South Wales

Skinner v The State of New South Wales [2021] NSWDC 36

The District Court allowed only part of a late expert report in a work injury damages case, admitting pages 10–11 of Dr Murray’s report and refusing the rest.

  • Work injury damages
  • Admissibility of expert evidence
  • Supplementary expert reports
  • Pre-filing disclosure
  • Leave to rely upon expert reports
  • Psychiatric injury
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.