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Tame v New South Wales [2003]

Facts

  • Following an accident, the claimant made an insurance claim
  • the police erroneously filled out her blood alcohol reading
  • Although the insurance company paid out, the error caused significant mental injury to the claimant

Issue

  • Could there be a mental injury claim against the police for this error

Decision

  • No liability

Reasoning

  • Not foreseeable that a mistake on a form could cause such injuries
  • A police officer’s primary function of filling the form in was to give to his superior officers
  • Primary/Secondary victim classifications disregarded in favour of foreseeability alone; if there is a relationship
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