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High Court
Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22 (13 June 2018) I refer you to the judgment summary and the uncontentious facts. Mr Latz contracted mesothelioma and claimed the loss of his pension ($5,106.00 per annum) and superannuation ($51,162.00 per annum) for the ‘lost years’ – a period of 16...
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Prince Alfred College Incorporated v ADC [2016] HCA 37 Judgment summary French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ The respondent was sexually abused by a housemaster employed by the appellant, the Prince Alfred College (the “PAC”) in 1962. In 2008, the respondent brought proceedings against the respondent, inter alia, that it was...
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Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22 (8 June 2016) I refer you to the High Court’s judgment summary. In allowing the appeal the High Court held as follows regarding causation: Causation Having found that Mr McDermott had not established that Robinson breached its duty of care to him, the judge did not...
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Badenach & Anor v Calvert [2016] HCA 18 French CJ, Kiefel, Gageler, Keane and Gordon JJ The appellant was a solicitor instructed to prepare a will for his client (“the client”) by which the entirety of the client’s estate was to pass to the respondent. The will was drawn according to the client’s instructions and...
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Military Rehabilitation and Compensation Commission v May [2016] HCA 19 French CJ, Kiefel, Gageler, Nettle and Gordon JJ The respondent served in the Royal Australian Air Force (RAAF) before being discharged. He had complained that he had become dizzy as a result of certain vaccinations he received while employed by the RAAF. The respondent applied...
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Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16 French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ The appellant guaranteed the payment of liabilities of a company amounting to approximately $3.4M. The guarantor’s liability was capped at $1.5M. The company defaulted on the payment of its liabilities and the bank brought proceedings...
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Allen v Chadwick [2015] HCA 47 (9 December 2015) The respondent plaintiff, Danielle Chadwick, was thrown from the back seat of a car being driven by the appellant, Alex Allen. Ms Chadwick sustained serious spinal injuries which rendered her paraplegic. In dispute was the reduction for driving with an intoxicated driver (BAC 0.229%) and failing...
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Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] HCA 45 (2 December 2015) I refer you to the judgment summary. The plurality of the High Court allowed the appeal of the Fair Work Ombudsman and set aside the narrow interpretation of s 357(1) of the Fair Work Act 2009 (Cth) by the Full Court of the Federal...
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The Queen v Pham [2015] HCA 39 (4 November 2015) I refer you to the High Court judgment summary and the decision of the court that the Court of Appeal in Victoria erred in taking into account the sentencing practices in Victoria to the exclusion of other jurisdictions. In particular the approach as exposed by...
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Fuller-Lyons v New South Wales [2015] HCA 31 French CJ; Bell, Gageler, Keane & Nettle JJ: [1] On 29 January 2001, Corey Travis Fuller-Lyons suffered severe injuries when he fell from a train. Corey was eight years old at the time. Corey brought proceedings in the Supreme Court of New South Wales (Beech-Jones J) by his tutor...
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