Nervous shock : Tame v New South Wales and Annetts v Australian Stations Pty Ltd

A number of legal issues have remained open since the High Court last considered the question of liability in negligence for nervous shock in 1984. In Tame and Annetts, two recent decisions of the court, a number of the outstanding questions were addressed. Specifically, the court considered the issues of whether the ‘reasonable foresight’ test included a requirement of ‘normal fortitude’, and whether a claimant needs to establish a ‘sudden shock’ and a ‘direct perception’ of the accident or its aftermath.