Category Archives: Landmark cases

Damages, Duty of Care, Landmark cases, LAW FIRM, Personal Injury, Work injuries, Workers Compensation

Sharp v Stephen Guinery t/as Port Kembla Hotel and Port Kembla Rsl Club [2001] NSWSC 336

ON 23 APRIL 2001, Justice Peter McClellan of the Supreme Court of NSW delivered Sharp v Stephen Guinery t/as Port Kembla Hotel and Port Kembla Rsl Club [2001] NSWSC 336 (23 April 2001).

“Judgment on application for verdict by direction

negligence action

whether plaintiff precluded from putting a case in negligence to jury

whether evidence of breach of duty

whether evidence which could establish that the taking of any step would have eliminated risk of plaintiff’s injury

whether evidence before the jury that the risk of injury from tobacco smoke was reasonably foreseeable

whether rule in Browne v Dunn has application

s 23(4), s 42(1) Factories, Shops & Industries Act 1962”

Sharp had sought damages from her employer alleging that her exposure to tobacco smoke as a barmaid resulted in her suffering from laryngeal cancer.  The case was heard before a jury.

The judgment led to jury directions which resulted in a finding that the cancer was caused, or materially contributed to, by the employer’s negligence.

On 2 May 2001, the jury awarded Sharp damages of $466,000 plus costs.

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2001/336.html

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Burnie Port Authority v General Jones Pty Ltd [1994] HCA 13

ON 24 MARCH 1994, the High Court of Australia delivered Burnie Port Authority v General Jones Pty Ltd [1994] HCA 13; (1994) 179 CLR 520; (1994) Aust Torts Reports 81-264; (1994) 120 ALR 42; (1994) 68 ALJR 331 (24 March 1994). The rule in Rylands v Fletcher was abolished so that the determination of liability for harm caused by dangerous substances or activities on premises comes under the principles of negligence rather than strict liability.

http://www.austlii.edu.au/au/cases/cth/HCA/1994/13.html

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Constitutional law, Landmark cases, LAW FIRM, Property Law

Mabo v Queensland (No 2) (“Mabo case”) [1992] HCA 23

ON 3 JUNE 1992, the High Court of Australia delivered Mabo v Queensland (No 2) (“Mabo case”) [1992] HCA 23; (1992) 175 CLR 1 (3 June 1992).

Upon the British Crown’s acquisition of sovereignty over parts of Australia since 1788, aboriginal native title survived and as such the doctrine of terra nullius does not apply to Australia.

Where validly asserted, native title entitles its holders as against the world to possession, occupation, use and enjoyment of the particular land over which the title is claimed. It is ascertained according to the laws and customs of it’s indigenous inhabitants who have a connexion with the land through continued use and enjoyment by the group or clan since the Crown’s acquisition of sovereignty.

Native title is inalienable but is extinguished if the clan or group ceases to have a connexion with the land, or by a valid exercise of government power under the laws of the Commonwealth.

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McKinney v R [1991] HCA 6

ON 22 MARCH 1991, the High Court of Australia delivered McKinney v R [1991] HCA 6; (1991) 171 CLR 468 (22 March 1991).

http://www.austlii.edu.au/au/cases/cth/HCA/1991/6.html

A trial judge must warn a jury of the dangers of convicting the accused on the basis of their alleged admissions whilst in custody.

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Hawkins v Clayton [1988] HCA 15

ON 8 APRIL 1988, the High Court of Australia delivered Hawkins v Clayton [1988] HCA 15; (1988) 164 CLR 539 (8 April 1988).

A firm of solicitors was held to be negligent by failing to take reasonable steps to locate an executor (a non-client) following the death of a testatrix (a client whose will they prepared and retained for safe keeping) for some six years after the testatrix’s death.  The solicitors were held to be liable to pay damages for the loss suffered by the executor (who was also a residuary beneficiary) in not being able to manage the estate during the period of delay.

The majority (Brennan, Deane and Gaudron JJ) held that the solicitors owed a tortious duty of care to the executor and that the action was not statute-barred.

http://www.austlii.edu.au/au/cases/cth/HCA/1988/15.html

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Mallet v Mallet [1984] HCA 21

ON 10 APRIL 1984, the High Court of Australia delivered Mallet v Mallet [1984] HCA 21; (1984) 156 CLR 605 (10 April 1984).

Equality had long been the starting point when dividing matrimonial property on divorce.  The High Court in this case held that there is not to be a presumption of equality and that each case is to be determined upon a consideration of it’s particular circumstances.

Section 79(4) of the Family Law Act 1975 (Cth) requires consideration of the financial contributions, non-financial contributions and parental and/or homemaker services.

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Viro v R [1978] 141 CLR 88

ON 11 APRIL 1978, the High Court of Australia delivered Viro v R [1978] HCA 9; (1978) 141 CLR 88 (11 April 1978).

The High Court held that it is no longer bound by decisions of the Privy Council in the United Kingdom.  The court is “pre-eminently equipped to decide what is the law for Australia”.

http://www.austlii.edu.au/au/cases/cth/HCA/1978/9.html

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In the Matter of Karen Quinlan, an alleged incompetent 70 NJ 10

ON 31 MARCH 1976, the Supreme Court of New Jersey permitted the life support system of the permanently comatose Karen Ann Quinlan to be turned off to allow her to die a natural death without any civil or criminal liability on her guardian or treatment providers: see IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT Supreme Court of New Jersey 70 N.J. 10; 355 A.2d 647; 1976 N.J. LEXIS 181; 79 A.L.R.3d 205

Click to access In_Re_Quinlan.pdf

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IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT 1976 70 NJ 10

ON THIS DAY IN 1976, the Supreme Court of New Jersey delivered IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT 70 N.J. 10; 355 A.2d 647; 1976 N.J. LEXIS 181; 79 A.L.R.3d 205.  The guardian, hospital and treatment providers of Karen Ann Quinlan were permitted to turn off her life support system as she was in a persistent vegetative state.

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Environmental Law, International Law, Landmark cases, LAW FIRM

1974 | Nuclear Tests case

ON THIS DAY in 1974, the International Court of Justice delivered Nuclear Tests (Australia v France).

Click to access 6093.pdf