Barclay v Penberthy
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Gummow,Hayne,Crennan,Bell JJ.,Heydon J.,Kiefel J. |
| Judgment Date | 02 October 2012 |
| Neutral Citation | [2012] HCA 40,2012-1002 HCA C |
| Court | High Court |
| Docket Number | Matter No P55/2011 |
| Date | 02 October 2012 |
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5 cases
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Morrissey v Health Service Executive
...“provided a new cause of action and did not merely regulate or enlarge an old one”. 15.10 Similarly, in Barclay v. Penberthy and Ors [2012] HCA 40, the High Court of Australia declined to interfere with the rule in Baker v. Bolton at common law, where the plaintiff firm had sought to make a......
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Owners Corporation Strata Plan 61288 v Brookfield Multiplex Ltd
... ... 143 The respondent referred to Barclay v Penberthy 184 to support its argument that the duty propounded by the respondent was owed by the appellant to the developer concurrently in ... ...
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Parkes Shire Council v South West Helicopters Pty Ltd
...Trustee v Zoanetti (1945) 70 CLR 266; [1945] HCA 26. 122 See generally Barclay v Penberthy (2012) 246 CLR 258 at 279 283 [28]–[40]; [2012] HCA 40. 123 See Agtrack (2005) 223 CLR 251 at 256–257 [3], [5]. See generally Grein [1937] 1 KB 124 Tseng (1999) 525 US 155 at 168–172, 174–175; Sidhu ......
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Zenner v. Flanagan et al., [2015] Nfld. & P.E.I.R. Uned. 8
...actions for per quod servitium amisit continue in Australia: Barclay v. Penberthy & Ors, Penberthy & Ano. v. Barclay & Ors. [2012] HCA 40.02 as discussed in Wardell, Anne "High Court confirms action for per quod servitium amisit continues in Australia", October 3, 2012......
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3 firm's commentaries
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Is actio per quod still available in Australia?
...actio per quod is a spell taught at Hogwarts, you better read on. A couple of the issues before the High Court in Barclay v Penberthy [2012] HCA 40 (delivered 2 October 2012) have kept very few litigators awake at night in recent decades, but were of critical importance to the Is the 1808 E......
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BLG Monthly Update: November 2012
...Tort claims arising from deaths of employees Lots of black-letter law from the High Court of Australia in Barclay v Penberthy, [2012] HCA 40. Five employees of Nautronix were involved in a plane crash. Sadly, two died and the other three were seriously injured. The company, the three surviv......
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Can an employer sue if a third party's negligence injures or kills an employee?
...of its losses from the negligent third party, in an important decision for companies which depend upon "key persons" (Barclay v Penberthy [2012] HCA 40). In this case, Nautronix hired an aeroplane and pilot to transport five employees to test some equipment designed to be used from an aerop......
1 books & journal articles
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Redefining Legal Responsibility for Pure Economic Loss in the Innovation Economy
...‘Willemstad’ (1976) 136 CLR 529; see also, Fortuna Seafoods Pty Ltd v Ship ‘Eternal Wind’ [2008] 1 Qd R 429; and Barclay v Penberthy [2012] HCA 40, (2012) 246 CLR 258. 7 Kit Barker “Economic Loss and the Duty of Care: A Study in the Exercise in the of Legal Justiication” in Charles Rickett ......