Facts of This Case
The Plaintiff, Gemma Fahy, was a constable in the New South Wales Police Force in August 1999 when, as part of her duties, she attended the scene of a robbery with her partner, Senior Constable Evans. Near the scene, she attended to one of the victims who had suffered multiple injuries and was fearing for his life. Whilst she was attending to him, Senior Constable Evans and another senior police officer had left Fahy on her own.
It was found at trial, and at the New South Wales Court of Appeal, that Fahy had suffered significant psychological trauma as a result of the incident. Some of this she had attributed to the failure of her partner, Senior Constable Evans, or of other officers to come to her aid.
The primary issue before the High Court of Australia was whether non-compliance with this "buddy system" (of having partners, when together, stay together) had resulted in harm to Fahy that was reasonably foreseeable.
Read more about this topic: New South Wales V Fahy
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