Tag Archives: PERSONAL INJURY

R v Toohey; Ex parte Northern Land Council [1981] HCA 74

December 24, 1981 Legal Helpdesk Lawyers

ON 24 DECEMBER 1981, the High Court of Australia delivered R v Toohey; Ex parte Northern Land Council [1981] HCA 74; (1981) 151 CLR 170 (24 December 1981).

Delegated legislation of the Governor in Council is invalid if made for an improper purpose, namely, a purpose which is not within the scope of the empowering legislation, even if it appears valid on its face. The Crown and its agents are not immune from challenge when acting not in good faith or for ulterior purpose.

Sydney, Australia

1300 00 2088

Consumer Law, LAW FIRM, Trade Practices

Re Marlish Elizabeth Glorie v WA Chip and Pulp Co Pty Limited and George W Kelly [1981] FCA 224

December 23, 1981 Legal Helpdesk Lawyers

Re Marlish Elizabeth Glorie v WA Chip and Pulp Co Pty Limited and George W Kelly [1981] FCA 224; (1981) 55 FLR 310 (23 December 1981).

http://www.austlii.edu.au/au/cases/cth/FCA/1981/224.html

Sydney, Australia

1300 00 2088

Damages, LAW FIRM, Motor Accidents, Personal Injury

Todorovic v Waller [1981] HCA 72

December 16, 1981 Legal Helpdesk Lawyers

ON 16 DECEMBER 1981, the High Court of Australia delivered Todorovic v Waller [1981] HCA 72; (1981) 150 CLR 402 (16 December 1981).

http://www.austlii.edu.au/au/cases/cth/HCA/1981/72.html

The High Court ruled that a discount rate be applied to the assessment of lump sum damages for personal injuries so that the present value of future economic loss be discounted by 3% to allow for inflation, tax and changes in wages.

Subsequent legislation has increased the rate to 5% in most Australian jurisdictions.

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Duty of Care, LAW FIRM, Negligence

Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) [1981] HCA 59

October 28, 1981 Legal Helpdesk Lawyers

ON 28 OCTOBER 1981, the High Court of Australia delivered Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) [1981] HCA 59; (1981) 150 CLR 225 (28 October 1981).

http://www.austlii.edu.au/au/cases/cth/HCA/1981/59.html

Government departments and their agencies are under a duty to take reasonable care when passing on information to members of the public.

The measure of damages for negligent mis-statement is “the amount necessary to restore the plaintiff to the position he was in before the statement, subject to the loss being foreseeable.”

Sydney, Australia

1300 00 2088

LAW FIRM, Personal Injury, Product liability, Sports Law

Dente v Riddell Inc [1981] USCA1 249

September 25, 1981 Legal Helpdesk Lawyers

Dente v Riddell Inc [1981] USCA1 249; 664 F.2d 1; 9 Fed. R. Evid. Serv. 599 (25 September 1981).

http://www.worldlii.org/us/cases/federal/USCA1/1981/249.html

Sydney, Australia

1300 00 2088

Defences, Estoppel, LAW FIRM, Practice and Procedure

Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45

September 1, 1981 Legal Helpdesk Lawyers

ON 1 SEPTEMBER 1981, the High Court of Australia delivered Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; (1981) 147 CLR 589 (1 September 1981).

http://www.austlii.edu.au/au/cases/cth/HCA/1981/45.html

A party may be estopped (ie barred) from litigating a claim that could have been litigated in previous proceedings if it was unreasonable for the claim not to have been so litigated or if the new proceedings would result in an inconsistency with the earlier decision.

Sydney, Australia

1300 00 2088

Damages, LAW FIRM, Negligence

Fox v Wood [1981] HCA 41

August 7, 1981 Legal Helpdesk Lawyers

ON 7 AUGUST 1981, the High Court of Australia delivered Fox v Wood [1981] HCA 41; (1981) 148 CLR 438 (7 August 1981).

http://www.austlii.edu.au/au/cases/cth/HCA/1981/41.html

A plaintiff who claims common law damages for personal injuries, including damages for net loss of earnings, is entitled to also claim the tax he or she has paid on any refundable workers compensation weekly payments (related to those injuries) received before recovering the damages.

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