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Perre v Apand Pty Ltd
[2004] FCA 881
Citation 1
…. However, what is also to be considered is the vulnerability of those seeking damages to the particular harm – see Perre v Apand Pty Ltd (1999) 198 CLR 180. In that case, McHugh J stated that Courts must keep the contractual background in mind in determining whether a duty of care should be imposed.…
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Schellenberg v Tunnel Holdings Pty Ltd
[2000] HCA 18
Citation 2
…72 In relation to res ipsa loquitur , reference is made to the decision of the High Court of Australia in Schellenberg v Tunnel Holdings Pty Ltd (2000) 200 CLR 121. This, in essence, is to the effect that the doctrine of res ipsa loquitur has no application in a case where the immediate cause of the damage is establi…
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McMullin v ICI Australia Operations Pty Ltd
[2000] FCA 404
Citation 3
…s case is not damage suffered by some indeterminate class. I would refer, for example, to the decision in McMullan v ICI Australia Operations Pty Ltd (1997) 72 FCR 1. There is a close degree of proximity. I would also refer to what was said by Jacobs J in Caltex to the effect that, where foreseeable economic loss…
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Perre v Apand Pty Ltd
[1999] HCA 36
Citation 4
…e loss to the operator. However, what is also to be considered is the vulnerability of those seeking damages to the particular harm – see Perre v Apand Pty Ltd (1999) 198 CLR 180. In that case, McHugh J stated that Courts must keep the contractual background in mind in determining whether a duty of care should be imposed.…
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Bryan v Maloney
[1995] HCA 17
Citation 5
…e contention of Jonmac that no duty of care was owed to Paper Race in respect of its economic loss is misguided. Reference is made to Bryan v Maloney (1995) 128 ALR 163. The Court characterised pure economic loss as loss which did not arise from ordinary physical injury to a person and a property. In Bryan v Maloney…
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Jones v Dunkel
[1959] HCA 9
Citation 6
…68 Reference is also made to the Judgment of Dixon CJ in Jones v Dunkel (1959) 101 CLR 298, where it is said that an action brought in negligence must fail unless the plaintiff offers evidence supporting some positive inference implying negligence and it must be an inference which arises as an affirmative conclusion fro…
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Jones v Dunkel
[1959] HCA 8
Citation 7
…68 Reference is also made to the Judgment of Dixon CJ in Jones v Dunkel (1959) 101 CLR 298, where it is said that an action brought in negligence must fail unless the plaintiff offers evidence supporting some positive inference implying negligence and it must be an inference which arises as an affirmative conclusion…
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Mummery v Irvings Pty Ltd
[1956] HCA 45
Citation 8
…truck wash. The proof of that fact excludes the operation of res ipsa loquitur . Reference is also made to the decision in Mummery v Irvings Pty Ltd (1956) 96 CLR 99. In that case, the High Court stated that, once the cause of an accident has been established and the relevant circumstances proved, there is no furt…
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Briginshaw v Briginshaw
[1938] HCA 36
Citation 9
…to merely showing that it was possible that the injury was caused by a defendant’s default. The above textbook refers to the Judgment of Dixon J in Briginshaw v Briginshaw (1938) 60 CLR 336. In relation to inferences, if the facts in evidence are equally consistent with an inference of negligence or one of no negligence, there i…
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Briginshaw v Briginshaw
[1938] HCA 34
Citation 10
…t was possible that the injury was caused by a defendant’s default. The above textbook refers to the Judgment of Dixon J in Briginshaw v Briginshaw (1938) 60 CLR 336. In relation to inferences, if the facts in evidence are equally consistent with an inference of negligence or one of no negligence, there is no eviden…
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Johnson Tiles Pty Ltd v Esso Australia Pty Ltd
[2003] VSC 27
Citation 11
…upon vulnerability. This does not seem to me to be the type of situation which was before Gillard J in Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2003] VSC 27. In that case, his Honour considered that customers who suffered losses as a result of an interruption to power supply ought to have realised the pos…