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Judgment date
Case number
S27/2010
S28/2010
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords
Negligence – Duty of care - Personal injuries - Psychological and psychiatric injuries - Train derailment - Passengers killed and injured - Police officers who attended scene sued railway operator in negligence for psychological and psychiatric injuries - Whether police officers "witnessed, at the scene, [one or more persons] being killed, injured or put in peril" by railway operator.
Words and phrases – "another person", "being killed, injured or put in peril", "foreseeability", "mental or nervous shock", "recognised psychiatric illness", "shocking event", "sudden shock", "victim", "witnessed at the scene".
Civil Liability Act 2002 (NSW) – ss 30, 32.