Tort Law

Wicks v State Rail Authority of New South Wales [2010] HCA 22

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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

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