ON 25 FEBRUARY 1977, the High Court of Australia delivered Sharman v Evans [1977] HCA 8; (1977) 138 CLR 563 (25 February 1977).
http://www.austlii.edu.au/au/cases/cth/HCA/1977/8.html
Sydney, Australia
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Category Archives: Damages
Accident Compensation Act 1972 (NZ)
ON 1 APRIL 1974, the Accident Compensation Act 1972 (NZ) abolished the common law right to sue for compensatory damages for personal injuries in New Zealand. The Act introduced a no-fault universal insurance scheme providing limited financial compensation for treatment, rehabilitation and loss of earnings.
Sydney, Australia
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Anglia Television Ltd v Reed [1972] 1 QB 60
ON 29 JULY 1971, the English Court of appeal delivered Anglia Television Ltd v Reed [1972] 1 Q.B. 60.
http://faculty.law.ubc.ca/biukovic/supplements/anglia.htm
The defendant, Robert Reed, was an American actor best known for his role as Mike Brady in the Brady Bunch television series. In 1968 he contracted with the plaintiff, Anglia Television Ltd, to act in a movie to be filmed in Great Britain. Due to a mix-up with his bookings, the defendant repudiated the contract. The plaintiff sought damages for wasted expenditure incurred before and after the formation of the contract. The defendant argued that the plaintiff was only entitled to wasted expenditure after the contract.
The trial judge awarded the defendant damages for the wasted expenditure incurred both before and after the formation of the contract. The Court of Appeal dismissed the defendant’s appeal.
Lord Denning MR held: “If the plaintiff claims the wasted expenditure, he is not limited to the expenditure incurred after the contract was concluded. He can claim also the expenditure incurred before the contract, provided that it was such as would reasonably be in the contemplation of the parties as likely to be wasted if the contract was broken”.
Sydney, Australia
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Nader v General Motors Corporation 25 NY2d 560, 255 NE2d 647, 307 NYS2d 647, 1970 NY
ON 8 JANUARY 1970, the Court of Appeals of New York delivered Nader v General Motors Corporation 25 NY2d 560, 255 NE2d 647, 307 NYS2d 647, 1970 NY.
http://h2o.law.harvard.edu/cases/109
Sydney, Australia
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1967 | Daar v. Yellow Cab Co.
ON 15 NOVEMBER 1967, the Supreme Court of California delivered Daar v Yellow Cab Co 67 Cal.2d 695 (1967).
http://scocal.stanford.edu/opinion/daar-v-yellow-cab-co-27419
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Uren v John Fairfax & Sons Pty Ltd [1966] HCA 40
Uren v John Fairfax & Sons Pty Ltd [1966] HCA 40; (1966) 117 CLR 118 (2 June 1966).
http://www.austlii.edu.au/au/cases/cth/HCA/1966/40.html
Sydney, Australia
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Purkess v Crittenden [1965] HCA 34
ON 16 JULY 1965, the High Court of Australia delivered Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164 (16 July 1965).
http://www.austlii.edu.au/au/cases/cth/HCA/1965/34.html
Where a plaintiff has made out a prima facie case that his or her incapacity was the result of the defendant’s negligence, the onus of adducing evidence that the incapacity was to do with a pre-existing condition, or that the incapacity would have in any event resulted from the pre-existing condition, rests with the defendant. However, the burden remains on the plaintiff on the whole of the evidence to satisfy the court or tribunal of the extent of the injury caused by the defendant’s negligence.
Sydney, Australia
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Graham v Baker [1961] HCA 48
ON 11 AUGUST 1961, the High Court of Australia delivered Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 (11 August 1961).
http://www.austlii.edu.au/au/cases/cth/HCA/1961/48.html
In an action for negligence, the two requirements to be satisfied when recovering damages for loss of earning capacity are (1) “the plaintiff’s earning capacity has in fact been diminished by reason of the negligence-caused injury” and (2) “the diminution of his earning capacity is or may be productive of financial loss”: per Dixon CJ, Kitto and Taylor JJ at 347.
Receipt of wage related payments, such as sick leave or long service leave, are to be set off against a claim for financial loss (at 346). However, pensions are not to be taken into account as they are a contractual right in the plaintiff’s favour rather than compensation for his work (at 343).
Sydney, Australia
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Watts v Rake [1960] HCA 58
ON 12 AUGUST 1960, the High Court of Australia delivered Watts v Rake [1960] HCA 58; (1960) 108 CLR 158 (12 August 1960).http://www.austlii.edu.au/au/cases/cth/HCA/1960/58.html
In a personal injuries action, the defendant bears the evidentiary onus of proof to “exclude the accident as a contributory cause” of the plaintiff’s disabilities: per Dixon CJ at 160.
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1959 | Civil Aviation (Carrier’s Liability) Act
ON THIS DAY in 1959, the Civil Aviation (Carrier’s Liability) Act 1959 (Cth) commenced.
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