| From: | Bill Madden <bill_madden@optusnet.com.au> |
| To: | obligations@uwo.ca |
| Date: | 10/12/2008 20:53:07 UTC |
| Subject: | Wilkinson v Downton in Australia |
The Court of Appeal for Victoria (an Australian state) handed down a
decision yesterday which amongst other things examined the acceptance in
Australia of the tort of intentional infliction of emotional distress.
Over simplifying, the court by majority held that the tort existed but
only could lead to an award of damages if there was psychiatric harm -
more than mere distress. One member of the court was of the view that no
such constraint was needed.
http://www.austlii.edu.au/au/cases/vic/VSCA/2008/236.html
Giller v Procopets [2008] VSCA 236 (10 December 2008)