Became obsessed by the matter and developed a

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a little while it read that it was P who was drink driver and not the other party. Became obsessed by the matter and developed a psychiatric illness. Held: 1. (All members agreed) P psychiatric illness was not reasonably foreseeable. Foreseeable that if police made mistake in report would cause her distress and anger. It was not reasonably foreseeable that it would cause her to have an illness particularly as the problem rectified and apology made. 2. (Three: Gleeson, Gaudron, Hayne) ‘inconsistent duties’ argument (against recognising doc) When filling out police report the police officer had duty to include all relevant information about accident. Imagine if we had a doc in which police had a duty not to cause P psychiatric injury; then he may not be able to give all information relevant in report as may cause injury. Therefore
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conflicts with general duty of police officer, therefore no such duty of care should then exist. 3. (Three: Gleeson, Gaudron, McHugH) Conflict of laws argument: this should be in the tort of defamation, not the tort of negligence. (HELLO?) It is about her good reputation that was being tarnished. Therefore no duty of care should be recognised. (Who was her lawyer?!?!) Should not use negligence as a way of getting around the limitations of defamation. 4. Gleeson: As a matter of policy no duty should be imposed on D to take care to protect from possible psychiatric illness a person whose conduct is the subject of investigation and report where such duty would be inconsistent with their professional or statutory duty 5. Consistency of laws: Gleeson- if a duty were to be imposed to protect Mrs Tame, as the person under investigation, from pure nervous shock, such duty would play havoc with the principle of laws of defamation Annetts v Australian Stations Pty Ltd Facts: P were parents of a 16 year old boy who went to work for the Defendant as a jackaroo or farm hand on a cattle station in remote part of Western Australia. P worried about 16 year old son going to work. Sought assurances from employer that he would be supervised at all times and the parents provided those assurances. Kid was supervised for first 7 weeks but after 7 weeks sent to live and work alone as caretaker of another cattle station. Six weeks later P son and jackaroo of another station disappeared in the desert. Despite intensive police search were not found. Found a blood covered hat, had to identify the body. Sued D in negligence. Held: Duty of care was owed (irrespective that they did not witness the accident firsthand). Leading judgement, Gallow & Kirby. Suggested 4 reasons why in these circumstances: 1. There as an assumption of responsibility by the Defendant to the Plaintiffs (assured their son would be supervised at all times.) 2. No risk of indeterminate liability here: no such risk in this case as D is only liable to whom they assumed liability, that is the Annetts and their son. Thus no indeterminate liability as there is a clearly defined and small set of people.
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