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[2015] NSWDC 235
District Court of NSW
2015-10-09
Original judgment source is linked above.
Table of Contents Plaintiff's claim [1] - [5] Plaintiff's application for leave to proceed [6] - [7] Defendant's position [8] - [13] Issues [14] - [17] Evidence overview [18] - [20] Credit [21] - [36] Facts [37] - [369] Plaintiff's background [38] - [49] Initial police career [50] - [55] Detective training [56] - [59] Sentinel events of 31 July 2003 [60] - [69] Promotion to detective senior constable [70] - [76] Transfer to Gang Squad [77] - [80] Promotion to sergeant [81] - [82] Transfer to Rose Bay [83] - [88] Leave for marriage and honeymoon [89] Return to work at Rose Bay [90] - [92] Decline in ability to cope [93] - [96] Extended leave [97] - [100] Wife's pregnancy with twins in 2011 [101] July 2011 request for change of duties [102] - [109] Plaintiff's emotional reaction to birth of twins [110] - [112] October 2011 - return to operational duties [113] - [122] Application for transfer: Exhibit "D" [123] - [141] Precipitating incident - 16 November 2011 [142] - [146] Sick leave [147] - [148] Medical and allied treatment [149] - [165] "Ten foot tall and bullet proof" [166] - [170] Defendant's construction of events [171] - [183] Plaintiff's expectation of a return to work [184] - [196] Return to work on restricted duties [197] - [202] Initial contact with Professional Standards Command [203] - [204] Target testing for drug use [205] - [219] Interview by Professional Standards Command [220] - [237] Alleged secondary employment [238] - [279] Termination of employment [280] - [283] Future work prospects [284] - [293] Chronology of medical and allied reviews [294] - [357] Resolution of conflicting medical opinions [358] - [359] Disabilities that remain [360] - [369] Relevant policing documents [370] - [407] Task Force Alpha Report - 1992 [371] - [382] Ombudsman's Report - 1999 [383] - [386] Rehabilitation (Return-to-Work) Policy [387] - [391] Restricted Duties Policy [392] - [397] Complaints Handling Guidelines [398] - [407] Issue 1 - Grant of leave to proceed : s 151D of WC Act [408] - [424] Issue 2 - Alleged negligence [425] - [511] Particulars of negligence [426] Principles for determining breach of duty of care [427] - [430] Foreseeability of psychological harm [431] - [437] SIDS incident as initiating factor [438] - [439] Employer's response to SIDS incident [440] - [448] Events between July 2003 and July 2011 [449] - [476] Disclosure of "struggling" in July 2011 [477] - [498] Events between August 2011 and October 2011 [499] - [501] Events between 19 October 2011 and 16 November 2011 [502] Events between November 2011 and January 2013 [503] - [510] Conclusions on breach of duty of care [511] Issue 3 - Causation [512] - [548] Principles for determining causation [513] - [516] SIDS incident on the foundation [517] - [524] July 2003 to July 2011 [525] - [527] Disclosure of "struggling" in July 2011 [528] - [535] August 2011 to 16 November 2011 [536] - [539] Events occurring after 16 November 2011 [540] - [546] Conclusions on causation [547] - [548] Issue 4 - Alleged contributory negligence [549] Issue 5 - Mitigation : s 151L of the WC Act [550] - [556] Issue 6 - Assessment of damages [557] - [602] Past economic loss [558] - [578] Fox v Wood [579] Future loss of earning capacity [580] - [599] Past loss of superannuation [600] Future loss of superannuation [601] Summary of damages assessment [602] Disposition [603] Costs [604] Orders [605]
Plaintiff's claim
Plaintiff's application for leave to proceed
Defendant's position
Issues
Evidence overview
Credit
Facts
Plaintiff's background
Initial police career
Detective training
Sentinel events of 31 July 2003
Promotion to detective senior constable
Transfer to Gang Squad
Promotion to sergeant
Transfer to Rose Bay
Leave for marriage and honeymoon
Return to work at Rose Bay
Decline in ability to cope
Extended leave
Wife's pregnancy with twins in 2011
July 2011 request for change of duties
Plaintiff's emotional reaction to birth of twins
October 2011 - return to operational duties
Application for transfer: Exhibit "D"
Precipitating incident - 16 November 2011
Sick leave
Medical and allied treatment
"Ten foot tall and bullet proof"
Defendant's construction of events
Plaintiff's expectation of a return to work
Return to work on restricted duties
Initial contact with Professional Standards Command
Target testing for drug use
Interview by Professional Standards Command
Alleged secondary employment
Termination of employment
Future work prospects
Chronology of medical and allied reviews
Resolution of conflicting medical opinions
Disabilities that remain
Relevant policy documents
Task Force Alpha Report 1992 - Stress Risk
Ombudsman's Report 1999 - Response to Stress
Rehabilitation (Return-to-Work) Policy
Restricted Duties Policy
Complaints Handling Guidelines
Issue 1 - Grant of leave pursuant to s 151D of WC Act 1987
Issue 2 - Alleged negligence
Particulars of negligence
Principles for determining breach of duty of care
Foreseeability of psychological harm
SIDS incident as the initiating factor
Employer's response to SIDS incident
Events between July 2003 and July 2011
Disclosure of "struggling" in July 2011
Events between August 2011 and October 2011
Events between 19 October 2011 and 16 November 2011
Events between November 2011 and January 2013
Conclusions on breach of duty of care
Issue 3 - Causation
Principles for determining causation
SIDS incident as the foundation
July 2003 to July 2011
Disclosure of "struggling" in July 2011
August 2011 to 16 November 2011
Events occurring after 16 November 2011
Conclusions on causation
Issue 4 - Alleged contributory negligence
Issue 5 - Mitigation
Issue 5 - Assessment of damages
Past economic loss
Fox v Wood
Future loss of earning capacity
Past loss of superannuation
Future loss of superannuation
Summary of damages assessment
Disposition
Costs
Orders
Amendments 23 October 2015 - Coversheet formatting DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 23 October 2015
Briggs
State of New South Wales
[1986] HCA 20
[1996] HCA 25
[1961] HCA 48
[1995] HCA 5
(1986) 160 CLR 301
(1996) 186 CLR 541
(1981) 148 CLR 438
(1961) 106 CLR 340
(2002) 54 NSWLR 207
(2005) 222 CLR 44
(1995) 182 CLR 1
(2000) 205 CLR 254
(1970) 125 CLR 383
(2007) 234 CLR 330
(2007) 232 CLR 486
(2005) 223 CLR 422
(1980) 146 CLR 40
(2005) 223 CLR 442
(1995) 127 ALR 180