Tame v New South Wales
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Judge | Gleeson CJ,Gaudron J,McHugh J,Gummow,KIRBY JJ,Hayne J,Callinan J |
| Judgment Date | 05 September 2002 |
| Neutral Citation | [2002] HCA 35,2002-0905 HCA A |
| Docket Number | S83/2001 |
| Date | 05 September 2002 |
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204 cases
- South Pacific Resort Hotels Pty Ltd v Trainor
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Gifford v Strang Patrick Stevedoringpty Ltd
...or its aftermath, then there was no duty of care at common law.3 5 Since the decision of the Court of Appeal, this Court has held, inTame v New South Wales and Annetts v Australian Stations Pty Ltd4, that direct perception of an incident or its aftermath is not in all cases a necessary aspe......
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3 firm's commentaries
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Expert evidence, expert advocacy and normal fortitude claims for mental harm Frangie v South Western Sydney Local Health District t/as Liverpool Hospital
...n 1, at [112]–[113]. 56 Above n 1, at [113]. It was also noted that in Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317; 191 ALR 449; [2002] HCA 35; BC200205111 (Annetts) that there was equally no implicit requirement of direct perception of the death, injury......
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High Court: Rescuers Attending Scene Of Train Wreck Are Entitled To Damages For Psychiatric Illness
...there is still a role for the common law of negligence as stated by the High Court in Tame -v- New South Wales (2002) 211 CLR 317; [2002] HCA 35. Tame's case rejected that reasonable or ordinary fortitude, shocking event and directness of connection were additional pre-conditions to liabili......
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Mental Harm Suffered By Rescuers Considered By The High Court
...that a person of normal fortitude might suffer in the circumstances: Tame v New South Wales and Annetts v Australian Stations Pty Limited [2002] HCA 35. Relevant factors, which are not preconditions to a duty existing, but which are to be considered, Whether the mental harm was suffered as ......
6 books & journal articles
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Sticks, Stones and Words: Emotional Harm and the English Criminal Law
...who died in the150 Above n. 149 at 359–60.151 Levit, above n. 13 at 187.152 Tame v New South Wales: Annetts v Australian Stations Pty Ltd [2002] HCA 35 at[289] (Hayne J); I. Freckleton, ‘New Directions in Compensability for PsychiatricInjuries’ (2002) 9 Psychiatry, Psychology and Law 271.15......
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The Australian High Court and Social Facts: A Content Analysis Study
...kind of judicial assumption would not be supported today; see the High Court's decision in the Annetts case in Tame v New South Wales (2002) 211 CLR 317. 9 Malbon refers to unarticulated 'judicial values' as the 'dark matter of judgments'. They form a critical part of the substance of the l......
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'That Is Not How the Common Law Works': Paths to Tort Liability for Harassment.
...[2002] EWCA Civ 76 at paras 7-10 [Hatton]. See also Khorasandjian, supra note 67 at 736. For Australia, see Tame v New South Wales, [2002] HCA 35 at paras 18, 65-66, 213. Particularly pertinent to Merrifield is Bau v Victoria, [2009] VSCA 107 [Bau], also involving a police officer who alleg......
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A tort of invasion of privacy in Australia?
...invasion of privacy). (236) See Prosser and Keeton, above n 45, 865. (237) Sullivan v Moody (2001) 207 CLR 562; Tame v New South Wales (2002) 211 CLR 317. (238) Sullivan v Moody (2001) 207 CLR 562, 576 (Gleeson CJ, Gaudron, McHugh, Hayne and Callinan (239) Lenah Game Meats (2001) 208 CLR 19......
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