Facts
- The Plaintiff was a police officer who attended the scene of a horrific train accident
- He attended the aftermath, carrying the dying and dead
- He suffered a psychiatric injury as a result
- He sued the Defendant
Issue
- Could he claim, given that he did not actually see the accident?
Held
- The relevant legislation blocked him from being able to claim because he did not ‘directly perceive’ the accident
- This decision has been seen as somewhat absurd
-- Download Wicks v State Rail Authority of New South Wales [2010] HCA 22 as PDF --

