+64 2041283124 kiddlrs@slingshot.co.nz

Survivor guilt

See Oram v BHP Mitsui Coal Pty Ltd & Anor 19/9/14 [2014] QSC 230 where McMeekin J, in a limitations case, stated A had “at least reasonable prospects of persuading the eventual tribunal of fact that psychiatric injury to a surviving employee, particularly one who was designated to work with those who died, was a foreseeable outcome in the relevant sense from exposure to such a disaster as occurred and the loss of 11 workmates” @66. A did not witness the disaster, but was involved the next day in the search for the dead.