Full Court Minute Books

Case A26/2014

King v. Philcox

Case No.


Case Information

Lower Court Judgment

04/06/2014 Supreme Court of South Australia (Gray J, Sulan J, Parker J)

[2014] SASCFC 38


Tort law – Negligence – Duty of care – Mental harm – Respondent’s brother (victim) was passenger in car driven by appellant which was involved in collision killing victim – Respondent drove past the accident scene five times, each time unaware that victim was his brother – Respondent later developed psychiatric illness upon realising scene of accident was where victim died – Whether appellant owes duty of care to sibling of victim to avoid causing mental harm caused by learning about death of victim in motor accident – Whether existence of duty of care determined solely by reference to s 33(1), Civil Liability Act 1936 (SA) (“CLA”) – Whether respondent’s psychiatric illness reasonably foreseeable – Whether respondent was “present at the scene of the accident when the accident occurred” as required by s 51(1)(a) of CLA.

Short particulars


14/11/2014 Hearing (SLA, Canberra v/link to Adelaide)

28/11/2014 Notice of appeal

19/12/2014 Written submissions (Appellant)

19/12/2014 Chronology (Appellant)

30/01/2015 Written submissions (Respondent)

13/02/2015 Reply

10/03/2015 Hearing (Full Court, Adelaide)

11/03/2015 Hearing (Full Court, Adelaide)

10/06/2015 Judgment (Summary)