ON 21 DECEMBER 1999, the High Court of Australia delivered Mann v Carnell [1999] HCA 66; 201 CLR 1; 168 ALR 86; 74 ALJR 378 (21 December 1999).
http://www.austlii.edu.au/au/cases/cth/high_ct/1999/66.html
http://www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455
Sydney, Australia
1300 00 2088
ON 21 DECEMBER 1999, the High Court of Australia delivered Esso Australia Resources v Commissioner of Taxation [1999] HCA 67; 201 CLR 49; 168 ALR 123; 74 ALJR 339 (21 December 1999).
http://www.austlii.edu.au/au/cases/cth/high_ct/1999/67.html
http://www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455
Sydney, Australia
1300 00 2088
ON 1 OCTOBER 1999, the Motor Accidents Compensation Act 1999 (NSW) commenced.
The Act introduced significant changes to assessment of damages for personal injuries arising from the use or operation of a motor vehicle in NSW. Such changes included:
Motor accident claims have also been affected by the subsequent enactment of the Civil Liability Act 2002 (NSW) and the Motor Accidents (Lifetime Care and Support) Act 1996 (NSW).
Sydney, Australia
1300 00 2088
ON 22 SEPTEMBER 1999, the NSW Court of Appeal delivered Sullivan v Gordon [1999] NSWCA 338 (22 September 1999).
http://www.austlii.edu.au/au/cases/nsw/NSWCA/1999/338.html
Sydney, Australia
1300 00 2088
MacDonald v Mosman Municipal Council [1999] NSWLEC 215 (21 September 1999).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/1999/215.html
Doig & Doig [1999] FamCA 1363 (13 September 1999).
http://www.austlii.edu.au/au/cases/cth/family_ct/1999/1363.html
Sydney, Australia
1300 00 2088
ON 9 SEPTEMBER 1999, the High Court of Australia delivered Husher v Husher [1999] HCA 47; 197 CLR 138; 165 ALR 384; 73 ALJR 1414 (9 September 1999).
The injured plaintiff was in partnership with his wife but in effect was a sole tradesman with no employees. The High Court held that where an injured plaintiff operates through a corporate or partnership structure in order to minimise his or her tax liability, damages are to be assessed with reference to the full vale of the plaintiff’s earning capacity, not his or her taxable income.
Sydney, Australia
1300 00 2088
Sandclue Pty Ltd v Mosman Municipal Council [1999] NSWLEC 160 (26 August 1999).
ON 12 AUGUST 1999, the High Court of Australia delivered Papakosmas v R [1999] HCA 37; 196 CLR 297; 164 ALR 548; 73 ALJR 1274 (12 August 1999).
http://www.austlii.edu.au/au/cases/cth/HCA/1999/37.html
Sydney, Australia
1300 00 2088
ON 12 AUGUST 1999, the High Court of Australia delivered Perre v Apand Pty Ltd [1999] HCA 36; 198 CLR 180; 64 ALR 606; 73 ALJR 1190 (12 August 1999).
http://www.austlii.edu.au/au/cases/cth/HCA/1999/36.html
Apand was a potato crisp manufacturer who caused a South Australian potato farmer’s potatoes to be infected by supplying him with infected seeds. Neighbouring farms were prohibited from exporting their potatoes to the lucrative Western Australian market for a period of 5 years by reason of being located within 20km of the infected farm.
Pere and his neighbours sued Apand for the economic loss resulting from the loss of access to the Western Australian market.
Five of the judges (Gleeson CJ, Gaudron, Gummow, Kirby and Callinan JJ) held that Apand owed a duty of care to all the plaintiffs; the others (McHugh and Hayne JJ) held that only some of the plaintiffs were owed a duty of care.
The court (apart from Kirby J) rejected the idea that proximity is the determinant or “unifying criterion” of the duty of care.
The decision contains seven judgments with four different tests for determining a duty of care for pure economic loss.
Gleeson CJ, Gummow J, Callinan J, Hayne J, in separate judgments, took the view that the duty of care is to be identified by looking at the salient features of the case. They offer a flexible approach that avoids a strict formulation.
Gaudron J found that a duty of care arose in the context of defendant being in a position of control and being able to affect the plaintiff’s legal rights and the plaintiff’s dependence on the defendant.
McHugh J favoured the incremental approach, which identifies the following features as being relevant to a duty of care:
Kirby J favoured foreseeability, proximity and policy, adopting the three stage English test in Caparo Industries Plc v Dickman [1990] 2 AC 605.
The court affirmed it’s earlier decision in Caltex Oil (Australia) Pty Ltd v The Dredge “Willemstad” that there is no absolute exclusionary rule for the recovery of damages for pure economic loss and it is therefore possible for a plaintiff to recover for pure economic loss when “the defendant has knowledge…that the plaintiff individually, and not merely as a member of an unascertained class, will be likely to suffer economic loss as a consequence of his negligence.”
The court rejected the notion that pure economic loss may only be recovered in circumstances of negligent misstatement as in the case of Hedley Byrne & Co Ltd v Heller & Partners Ltd.
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