Supreme Court - Trial Division

Keegan v Sussan Corporation (Aust.) Pty Ltd [2014] QSC 064 (13/0062) Henry J 7 April 2014

Full-text: QSC14-064.pdf

Catchwords

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – REASONABLE FORESEEABILITY OF DAMAGE – GENERALLY – where the plaintiff claims damages for personal injury and consequential loss arising as a result of the negligence, breach of contract or breach of statutory duty of the defendant, its servants or agents – where the plaintiff alleges she suffered a psychiatric injury as a result of bullying and harassment by her supervisor – whether the defendant took appropriate precautions to prevent such an injury from occurring – whether the risk of the plaintiff sustaining a recognisable psychiatric illness was reasonably foreseeable as a consequence of the defendant’s breach of duty

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DAMAGE – GENERAL – where the plaintiff has been unable to function in her role as mother, wife and employee as a result of the defendant’s breach of duty – whether the plaintiff’s award should be reduced because of her personality traits