State of New South Wales v Skinner [2022] NSWCA 9 (08 February 2022) (Basten, Brereton and McCallum JJA)


Catchwords:


NEGLIGENCE – vicarious liability of State – persons in service of Crown – police officers

NEGLIGENCE – breach – standard of care – mental illness – major depressive disorder – post-traumatic stress disorder – traumatic events – employer’s systems of work – whether plaintiff should have been referred for psychiatric assessment

NEGLIGENCE – breach – foreseeability of risk – objective test – whether psychiatric harm to plaintiff reasonably foreseeable

NEGLIGENCE – causation – factual causation – whether plaintiff would have disclosed mental condition if referred for assessment

NEGLIGENCE – causation – concurrent cause – non-tortious psychiatric and physical injury – whether properly taken into account in assessing damages

NEGLIGENCE – defences – contributory negligence – whether plaintiff should have reported symptoms

WORKERS COMPENSATION – common law remedies – interest on damages – Workers Compensation Act 1987 (NSW) s 151M – whether mediation offer unreasonable