King v Philcox

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, GAGELER, KEANE AND NETTLE JJGEORGE KING  APPELLANTANDRYAN PHILCOX  RESPONDENTKing v Philcox[2015] HCA 1910 June 2015A26/2014ORDER1.Appeal allowed. 2.Set aside paragraphs 1 and 3.1, and paragraph 2 insofar as that paragraph relates to the setting aside of the judgment appealed against, of the order of the Full Court of the Supreme Court of South Australia made on 4 June 2014 and, in their place, order that the appeal be dismissed.  3.The appellant pay the respondent's costs of the appeal to this Court.  On appeal from the Supreme Court of South AustraliaRepresentationM C Livesey QC with B J Doyle for the appellant (instructed by Finlaysons Lawyers)P A Heywood-Smith QC with G Stathopoulos for the respondent (instructed by SE Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSKing v PhilcoxNegligence – Duty of care – Mental harm – Motor accident – Civil Liability Act 1936 (SA) – Appellant negligently drove motor vehicle resulting in death of passenger – Respondent witnessed aftermath – Respondent later realised brother died in accident – Whether appellant as driver owed duty of care to passenger's brother not to cause mental harm – Whether mental harm to brother of person killed foreseeable under s 33 of Civil Liability Act – Whether sibling relationship relevant to foreseeability. Negligence – Damages for mental harm – Civil Liability Act 1936 (SA) – Whether respondent present at scene of accident when accident occurred – Whether accident...