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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226 cases
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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 ......
9 books & journal articles
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THE PROMISE OF UNIVERSALITY
...reliance and knowledge to be relevant in a recent case. See Tame v New South Wales; Annetts v Australian Stations Pty Ltd(2002) 211 CLR 317. 83Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency[2007] 4 SLR(R) 100 at [81]. 84 For example, William Norris, “The Duty of Care......
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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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Some Comments about 'Caution': Emerging Trends in Irish Negligence Law
...decision of the High Court of Australia in the joint cases of Tame v. New South Wales and Annets v. Australian Stations Pty. Ltd. (2002) 191 ALR 449, two members of the High Court strongly rejected this normal fortitude restriction. Instead, Gummow and Kirby JJ. preferred to frame the quest......
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