Arsalan v Rixon
[2021] HCA 40
Citation 1
(Para 1)
…cement vehicle and has failed to mitigate [his] loss.” That defence was filed on 5 September 2022. The High Court’s judgment in Arsalan v Rixon [2021] HCA 40 (‘ Arsalan ’) was handed down on 8 December 2021. In its judgement, the Court said at [17] that the “loose concept of ‘need’ should be eschewed” and, inste…
Amaca Pty Ltd v Latz
[2018] HCA 22
Citation 2
(Para 19)
…personal injury cases where care has been gratuitously provided by a family member or some other benevolent third party. In Amaca Pty Limited v Latz [2018] HCA 22, a case about whether a plaintiff could recover damages for the loss of age pension and superannuation entitlements caused by their premature death a…
CSR Ltd v Eddy
[2005] HCA 64
Citation 3
(Para 17)
…ages payable for loss not measurable in money are not recoverable for an injury unless the injury produces actual financial loss”: CSR Ltd v Eddy [2005] HCA 64, Gibbs CJ at [27]. But, so far, no higher Court, including the High Court in Arsalan , has expressly adopted Dimond v Lovell.…
Anthanasopoulos v Moseley
[2001] NSWCA 266
Citation 4
(Para 5)
…es inter alios acta. That principle was most recently and authoritatively applied by the New South Wales Court of Appeal in Anthanasopoulos v Moseley [2001] NSWCA 266 (‘ Anthanasopoulos ’). Anthanasopoulos was followed in Roehlen v Mikhail [2018] VSC 121 (‘ Roehlen ’), where T Forrest J said that damages would stil…
Moonlighting International Pty Ltd v International Lighting Pty Ltd
[2000] FCA 41
Citation 5
(Para 2)
…ire car. In Roehlen, T Forrest J adopted (at [17]) what Finkelstein J had said in Moonlighting International Pty Ltd v International Lighting Pty Ltd [2000] FCA 41 at [19] as a “correct statement of the law”: “[I]n the absence of an agreement as to price or machinery for ascertaining it the law implies an obliga…
Griffiths v Kerkemeyer
[1977] HCA 45
Citation 6
(Para 13)
…In Griffiths v Kerkemeyer (1977) 139 CLR 161 (‘ Griffiths v Kerkemeyer’ ), the High Court awarded damages on the ground that a negligent driver should not benefit from the fact that care was provided by family members and others free of charge to a person who was rendered quadriplegic in a traffic accident caused by…
Roehlen v Mikhail
[2018] VSC 121
Citation 7
(Para 5)
…outh Wales Court of Appeal in Anthanasopoulos v Moseley [2001] NSWCA 266 (‘ Anthanasopoulos ’). Anthanasopoulos was followed in Roehlen v Mikhail [2018] VSC 121 (‘ Roehlen ’), where T Forrest J said that damages would still be awarded even though “a third party may have provided some external form of compensation…