Gifford v Strang Patrick Stevedoring Pty Ltd [2003] HCA 33

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Facts
  • Gifford’s father was involved in a horrible work accident resulting in his death
  • The children never saw his body or the accident, but upon learning the news, suffered nervous shock
Issue
  • Could they claim in negligence for nervous shock?
Held
  • Yes, because Tame & Annetts had done away with the “direct perception” element
  • The employer had such control over the working conditions as for it to be reasonably foreseeable
  • Children are particularly vulnerable
  • The preexisting relationship between employer, employee and employee’s children satisfied the test

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