Gifford v Strang Patrick Stevedoring Pty Ltd

[2003] HCA 33
Judgment date
Case number
S111/2002
S112/2002
S113/2002
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Torts – Negligence – Psychiatric injury – Employee killed in workplace accident – Whether employer owed duty of care to children of deceased employee – Whether reasonable care required to guard against the risk of psychiatric injury – Whether duty existed at common law – Whether the existence of duty was negated by s 4(1)(b) of Law Reform (Miscellaneous Provisions) Act 1944 (NSW).

Law Reform (Miscellaneous Provisions) Act 1944 (NSW) – s 4(1)(b).

Workers Compensation Act 1987 (NSW) – s 151P.

Files
33.rtf (94.24 KB)
33.pdf (186.36 KB)