Tame v New South Wales
| Jurisdiction | Australia Federal only |
| 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 |
| Court | High Court |
| Docket Number | S83/2001 |
| Date | 05 September 2002 |
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222 cases
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...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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6 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
...circumstances. Therefore 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 ......
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High Court Revisits Whether Rescuers Can Recover Damages For Pure Mental Harm
...in an accident after the event giving rise to the accident has occurred. French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel and Bell JJ (2002) 211 CLR 317 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your s......
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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 ......
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6 books & journal articles
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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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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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"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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Negligently Caused Psychiatric Harm: Recovering Principle and Fairness after the Alcock-Up at Hillsborough
...the approach taken in Australia, albeit without the need to take into account the views of expert psychiatrists: Tame v New South Wales [2002] HCA 35; 211 CLR 317 [115] (McHugh J): “It is for the tribunal of fact – be it judge or jury – to determine whether the defendant ought to have reaso......
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