Lower Court Judgment
11/04/2014 Supreme Court of South Australia (Gray J, Sulan J, Parker J)
(orders pronounced 04/06/2014)
Catchwords
Tort law – Negligence – Duty of care – Mental harm – Respondent’s brother (victim) was passenger in car driven by appellant which was involved in collision killing victim – Respondent drove past the accident scene five times, each time unaware that victim was his brother – Respondent later developed psychiatric illness upon realising scene of accident was where victim died – Whether appellant owes duty of care to sibling of victim to avoid causing mental harm caused by learning about death of victim in motor accident – Whether existence of duty of care determined solely by reference to s 33(1), Civil Liability Act 1936 (SA) (“CLA”) – Whether respondent’s psychiatric illness reasonably foreseeable – Whether respondent was “present at the scene of the accident when the accident occurred” as required by s 51(1)(a) of CLA.
14/11/2014 Hearing (SLA, Canberra v/link to Adelaide)
28/11/2014 Notice of appeal
19/12/2014 Written submissions (Appellant)
19/12/2014 Chronology (Appellant)
30/01/2015 Written submissions (Respondent)
13/02/2015 Reply
10/03/2015 Hearing (Full Court, Adelaide)
11/03/2015 Hearing (Full Court, Adelaide)