CSR Limited & v Thompson; Thompson v CSR Limited & Anor

(2003) 59 NSWLR 77; [2003] NSWCA 329

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Damages
3. › Loss of capacity to provide gratuitous care
4. › [name withheld] v [name withheld] damages
5. › Loss of capacity to care for disabled spouse after death
6. › Whether leave should be granted to re-argue [name withheld] v [name withheld]
7. › Whether overlap with Wrongs Act 1936 (SA) s 33
1. Negligence
2. › Damages
3. › Mental harm
4. › Consequential mental harm
5. › Fear of future disease
6. › Whether damages recoverable for fear of contracting disease experienced before cause of action complete
7. › Parasitic claims
8. › Whether fear experienced before physical harm is recoverable
9. › Civil Liability Act 2002 (NSW) ss 32, 33
1. Negligence
2. › Cause of action
3. › Completion of cause of action
4. › When compensable harm established
5. › Whether cause of action complete before diagnosis of disease
1. Practice and Procedure
2. › Precedent
3. › Whether leave should be granted to re-argue recent decision of specially constituted bench

Quick Take

A plaintiff claiming damages for personal injuries caused by negligence cannot retrospectively recover damages for fear of contracting a disease experienced before the cause of action was complete, where the fear did not constitute a recognised psychiatric illness. The policy manifest in the Civil Liability Act 2002 (NSW) and the general policy in [name withheld] v New South Wales militates against recognising such claims. [name withheld] v [name withheld] damages for loss of capacity to provide gratuitous care to a disabled spouse after death are not precluded by s 33 of the Wrongs Act 1936 (SA), which does not entitle a wife to recover damages after the death of her husband.