Rail Accident Rescuers and Mental Harm Claims

The High Court of Australia recently considered the entitlement of New South Wales police rescue workers to recover damages for mental or nervous shock under the Civil Liability Act 2002 (NSW) (the Civil Liability Act). The two cases of Wicks and Sheehan v State Rail Authority of New South Wales (2010) HCA22 overturned the decision of the New South Wales Court of Appeal and each matter was remitted to the Court of Appeal for further consideration and possible re-trial.

BACKGROUND

The claims of both Wicks and Sheehan arose out of the derailment of a passenger train near Waterfall station, south of Sydney on 31 January 2003 in which seven of the almost 50 passengers on the train died and many others were injured, some very seriously. Wicks and Sheehan were among the first to arrive at the scene. They forced their way into badly damaged carriages where they found some passengers obviously dead and others trapped, seriously injured and very distressed.