Tag Archives: LOWER NORTH SHORE

Commonwealth v Northern Land Council [1993] HCA 24

ON 21 APRIL 1993, the High Court of Australia delivered Commonwealth v Northern Land Council [1993] HCA 24; (1993) 176 CLR 604 (21 April 1993).

http://www.austlii.edu.au/au/cases/cth/high_ct/176clr604.html

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Nagle v Rottnest Island Authority [1993] HCA 76

ON 21 APRIL 1993, the High Court of Australia delivered Nagle v Rottnest Island Authority [1993] HCA 76; 177 CLR 423; (1993) Aust Torts Reporter 81-211; (1993) 112 ALR 393; (1993) 67 ALJR 426 (21 April 1993).

http://www.austlii.edu.au/au/cases/cth/HCA/1993/76.html

Nagle became a quadriplegic after diving into a swimming hole and striking his head on a submerged rock.  It was known to Rottnest that visitors engaged in this activity.

Rottnest was liable to pay Nagle damages as it had breached its duty of care to Nagle to warn him of the risk of submerged rocks.

The risk was foreseeable: “Whether small or not, the risk was certainly not far-fetched or fanciful.”

The accident was cased by a failure on the part of Rottnest to erect a sign.

The Civil Liability Acts have since altered the obligations and responsibilities of public authorities and occupiers in such situations.

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Re Gilda Johnston and Murray Robert Johnston v Delata Pty Limited [1993] FCA 79

Re Gilda Johnston and Murray Robert Johnston v Delata Pty Limited; JP Hargreaves and Co Pty Limited and John Patrick Hargreaves Trading As Richardson and Wrench Neutral Bay and Sherelle Bergmann [1993] FCA 79 (10 March 1993).

http://www.austlii.edu.au/au/cases/cth/FCA/1993/79.html

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Disability Discrimination Act 1993 (Cth)

ON 1 MARCH 1993, the Disability Discrimination Act 1992 (Cth) commenced.

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Sydney, Australia

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Baltic Shipping Company v Dillon [1993] HCA 4

ON 10 FEBRUARY 1993, the High Court of Australia delivered Baltic Shipping Company v Dillon [1993] HCA 4; (1993) 176 CLR 344; (1993) 111 ALR 289; (1993) 67 ALJR 228 (10 February 1993).

http://www.austlii.edu.au/au/cases/cth/HCA/1993/4.html

As an exception to the rule that damages are not available for mental distress and disappointment arising from a breach of contract, such damages may be awarded if the contract in question contemplated the delivery of enjoyment, relaxation or peace of mind.

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Re General Newspapers Pty Limited; Double Bay Newspapers Pty Limited and Brehmer Fairfax Pty Limited T/As Hannanprint v Australian and Overseas Telecommunications Corporation Limited [1993] FCA 5

Re General Newspapers Pty Limited; Double Bay Newspapers Pty Limited and Brehmer Fairfax Pty Limited T/As Hannanprint v Australian and Overseas Telecommunications Corporation Limited [1993] FCA 5 (15 January 1993).

http://www.austlii.edu.au/au/cases/cth/FCA/1993/5.html

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Sydney, Australia

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Appointment of Queens Counsel

ON 14 DECEMBER 1992, Queens Counsel were appointed in New South Wales for the last time.

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Rogers v Whitaker [1992] HCA 58

ON 19 NOVEMBER 1992, the High Court of Australia delivered Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479 (19 November 1992).

http://www.austlii.edu.au/au/cases/cth/HCA/1992/58.html

Dr Rogers had performed surgery on Whitaker’s right eye, which was almost blind. The surgery should have restored her sight, but instead became blind in the left eye when she suffered sympathetic opthalmia. Whilst the risk was remote, Dr Rogers was held to be negligent in failing to warn Whitaker of the risk.

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Dietrich v R [1992] HCA 57

ON 13 NOVEMBER 1992, the High Court of Australia delivered Dietrich v R [1992] HCA 57; (1992) 177 CLR 292 (13 November 1992).

http://www.austlii.edu.au/au/cases/cth/HCA/1992/57.html

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Nationwide News Pty Ltd v Wills [1992] HCA 46

ON 30 SEPTEMBER 1992, the High Court of Australia delivered Nationwide News Pty Ltd v Wills [1992] HCA 46; (1992) 177 CLR 1 (30 September 1992).

http://www.austlii.edu.au/au/cases/cth/HCA/1992/46.html

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