Barclay v Penberthy

JurisdictionAustralia Federal only
JudgeFrench CJ,Gummow,Hayne,Crennan,Bell JJ.,Heydon J.,Kiefel J.
Judgment Date02 October 2012
Neutral Citation[2012] HCA 40,2012-1002 HCA C
CourtHigh Court
Docket NumberMatter No P55/2011
Date02 October 2012
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5 cases
  • Morrissey v Health Service Executive
    • Ireland
    • Supreme Court
    • 19 March 2020
    ...“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......
  • Owners Corporation Strata Plan 61288 v Brookfield Multiplex Ltd
    • Australia
    • High Court
    • 8 October 2014
    ... ... 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 ... ...
  • Parkes Shire Council v South West Helicopters Pty Ltd
    • Australia
    • High Court
    • 8 May 2019
    ...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 ......
  • Zenner v. Flanagan et al., [2015] Nfld. & P.E.I.R. Uned. 8
    • Canada
    • Supreme Court, Trial Division (Prince Edward Island)
    • 19 January 2015
    ...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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1 firm's commentaries
  • BLG Monthly Update: November 2012
    • Canada
    • Mondaq Canada
    • 28 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......
1 books & journal articles
  • Redefining Legal Responsibility for Pure Economic Loss in the Innovation Economy
    • New Zealand
    • Canterbury Law Review No. 26-2020, January 2020
    • 1 January 2020
    ...‘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 ......

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