-
Matthews v SPI Electricity and SPI Electricity Pty Ltd v Utility Services Corporation Ltd (Ruling No 2)
[2011] VSC 168
…311 As Forrest J stated in the recent case of Matthews v SPI Electricity Pty Ltd (Ruling No 2) :[21] [21] [2011] VSC 168 (10 May 2011) at paragraph 64 “The question whether a statute confers a private right is one of…
-
Gaskin v Ollerenshaw
[2010] NSWSC 791
Para 201
…2] [2] See Papatonakis v Australian Telecommunications Commission (1985) 156 CLR 7 at [30] per Brennan and Dawson JJ. See also Gaskin v Ollerenshaw [2010] NSWSC 791 at [201]-[207] 266 The exception to the above rule may be where the occupier fails to warn of an unusual danger of his own making not discoverable by a…
-
Bhambra v Roet
[2003] NSWCA 393
Para 35
…urt found the occupier was in breach of its duty of care. [3] Professor John Fleming, ‘ Law of Torts’ (9th ed, 1998) as cited in Bhambra v Roet [2003] NSWCA 393 at [35] [4] Papatonakis v Australian Telecommunications Commission ( supra ) 267 Apart from not informing the independent contractor of any unusual dangers…
-
Brodie v Singleton Shire Council
[2001] HCA 29
…ages at 38, when examining the Migration Act 1958 (Cth). This is compared with the words of Hayne J who stated in the matter of Brodie v Singleton SC (2001) 206 CLR 512, that judges should not give effect to their own ideas of policy. 315 The High Court in Byrne held that an industrial award made pursuant to the Indu…
-
Ordukaya v Hicks
[2000] NSWCA 180
…oyed courier, injured himself when the top paver step gave way as he removed a refrigerator from residential premises occupied by the defendant. [14] [2000] NSWCA 180 277 Sheller JA, with Mason P and Meagher JA agreeing, said: “The plaintiff submitted that Judge Cooper did not apply the correct test. The plaintiff…
-
Gardiner v State of Victoria
[1999] VSCA 100
…loyee a statutory right to a private action. The provision also provided for a criminal penalty in the event of a breach by the employer. [26] [1999] 2 VR 461 317 Phillips JA (with whom Winneke P agreed), said as follows: “The fundamental task, then, is to determine whether the statute evinces an intention…
-
Project Blue Sky Inc v Australian Broadcasting Authority
[1998] HCA 53
…at class (and the work must adhere to working regulations and guidelines s.42).[31] [31] See Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, at paragraph 69 333 With reference to section 43(2) of the ESA , it places an onus on an occupier to ensure that electrical equipment (either instal…
-
Romeo v Conservation Commission of The Northern Territory
[1998] HCA 5
…he darkened auditorium. Further discussion is to be found in some of the judgments in Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 at 445, 460, 478 and 486. Nothing, it seems to me, detracts from the correctness of what Handley JA said in the passage in Stannus v Graham to which Judge…
-
Byrne v Australian Airlines Ltd
[1995] HCA 24
…tory duty in Sovar v Henry Lane Pty Ltd [22] and more recently in Byrne v Australian Airlines Limited .[23] [22] (1967) 116 CLR 397 at 404-405 [23] (1995) 185 CLR 410 313 It was noted by Kitto J in Sovar v Henry Lane Pty Ltd :[24] [24] (1967) 116 CLR 397 at 405, citing the case of Martin v Western District of Austral…
-
Graham v Stannus
[1995] HCATrans 19
…clined imposing any tortious duty on occupiers to inspect their premises for the purpose of discovering unknown and unsuspected defects.[5] [5] Stannus v Graham (1994) Aust Tort Rep 81-293 per Handley JA…
-
Chan, Y.K. v Minister for Immigration, Local Government & Ethnic Affairs & Commonwealth of Australia
[1991] FCA 495
…views are actually supported by the legislation itself.[25] [25] In the matter of Chan v Minister for Immigration, Local Government & Ethnic Affairs (1991) 31 FCR 29, Einfeld J noted that it was necessary to balance the protection of liberty and due process with the need for public officials to carry out their obl…
-
Calin v Greater Union Organisation Pty Ltd
[1991] HCA 23
…ractual entrant that the premises are as safe as reasonable skill and care can make them.[6] [6] See Calin v The Greater Union Organisation Pty Ltd [1991] HCA 23 at 38 and Mountain Cattlemen’s Associate of Victoria Inc v Barron ( supra ) at 305-314 270 The plaintiff’s case relied upon Watson v George [7] in whic…
-
Papatonakis v Australian Telecommunications Commission
[1985] HCA 3
…a defect in the premises if tradesmen of that class are accustomed to meeting and safeguarding themselves against defects of that kind.[2] [2] See Papatonakis v Australian Telecommunications Commission (1985) 156 CLR 7 at [30] per Brennan and Dawson JJ. See also Gaskin v Ollerenshaw [2010] NSWSC 791 at [201]-[207] 266 The exception to the above rule may be w…
-
Sovar v Henry Lane Pty Ltd
[1967] HCA 31
…e existence or otherwise of a statutory duty in Sovar v Henry Lane Pty Ltd [22] and more recently in Byrne v Australian Airlines Limited .[23] [22] (1967) 116 CLR 397 at 404-405 [23] (1995) 185 CLR 410 313 It was noted by Kitto J in Sovar v Henry Lane Pty Ltd :[24] [24] (1967) 116 CLR 397 at 405, citing the case of M…
-
Watson v George
[1953] HCA 41
…e plaintiff’s case relied upon Watson v George [7] in which Fullagar J cited with approval the following passage from Maclenan v Segar :[8] [7] (1953) 89 CLR 409 [8] (1917) 2 KB 325 “Where the occupier of premises agrees for reward that a person shall have the right to enter and use them for a mutually contemplated…
-
O'Connor v S P Bray Ltd
[1937] HCA 18
…reach. 304 Counsel for the plaintiff in the present case relied on the judgment of Dixon J in the seminal case of O’Connor v SP Bray Ltd .[18] [18] (1937) 56 CLR 464 305 In oral submissions, whilst conceding in some circumstances a statute could give rise to a civil remedy, Counsel for the defendant simply submitted…
-
(1995) 2 AC 633
(1995) 2 AC 633
…etting out the duties of authorities relating to the protection of children against abuse was held to confer no private right of action. [34] (1995) 2 AC 633 344 In this case, I also consider that the existence of a penalty of 40 penalty units for breach of Section 43(2) counts against the existence of a private r…
-
Scally v Southern Health Board
(1992) 1 AC 58
…egislation doubtless operated at least in part to protect the inmates: see R v Deputy Governor of Parkhurst Prison; Ex parte Hague .[33] [33] (1992) 1 AC 58 342 In that case, a prisoner brought a claim for false imprisonment pursuant to the Prison Act . It was held by the House of Lords that the Act was to deal w…
-
Maclenan v Segar
(1917) 2 KB 325
…ied upon Watson v George [7] in which Fullagar J cited with approval the following passage from Maclenan v Segar :[8] [7] (1953) 89 CLR 409 [8] (1917) 2 KB 325 “Where the occupier of premises agrees for reward that a person shall have the right to enter and use them for a mutually contemplated purpose, the contrac…
-
(1949) AC 275
(1949) AC 275
…anger. This is clear from the decisions in Galashiels Gas Co Ltd v O’Donnell [37] and Kirkpatrick v Lewis Construction Pty Ltd .[38] [37] (1949) AC 275 at 282-283 [38] (1964) VR 515 354 Given my earlier conclusion, it is not necessary to say any more on this issue.…