New South Wales V Fahy
(4:3) Appeal upheld and decision in favour of the Plaintiff overturned, but with costs to be paid by the defendant, the State of NSW
(4:2) The case of Wyong Shire Council v Shirt (1980) 146 CLR 40 remains good law regarding what is a "breach of duty of care" in negligence.On 22 May 2007, the High Court of Australia handed down a judgment in the case of New South Wales v Fahy. The proceedings were started by Gemma Fahy, a former police officer in New South Wales, who sued the state for (amongst other grounds) failing to provide a safe working environment. The Court also considered whether Wyong Shire Council v Shirt, the main Australian test for a breach of duty of care, should be overturned - in the end, ruling that it remains good law.
Read more about New South Wales V Fahy: Facts of This Case, Decision
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