Beaudesert Shire Council v Smith
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1966-0826 HCA A,[1966] HCA 1175 |
| Year | 1966 |
| Date | 1966 |
| Court | High Court |
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21 cases
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Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
...were not called on. The opinion was concerned mainly with the so-called Beaudesert principle (see Beaudesert Shire Council v Smith (1966) 120 CLR 145) which is no longer regarded as good law. Lord Diplock did not explain exactly what he meant by 'malice' or 'knowledge'. Bourgoin stands out ......
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3 books & journal articles
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Of Kings and Officers — The Judicial Development of Public Law
...of Pennsylvania Law Review 1110, 1119–25; W Keeton, D Dobbs, R Keeton and D Owen, Prosser and Keeton on Torts (5th ed, 1984) 1060. 285 (1966) 120 CLR 145. 286 Ibid 156. 287 Ibid 153. 288 See, eg, Dunlop v Woollahra Municipal Council [1981] 1 NSWLR 76, 82; Munnings v Australian Government So......
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The Development of the High Court's Willingness to Overrule Common Law Precedent
...(2008) 236 CLR 510. 97 (1995) 185 CLR 307. This case overturned the High Court’s earlier decision in Beaudesert Shire Council v Smith (1966) 120 CLR 145 (‘Beaudesert’) that had recognised tortious liability (in the absence of negligence or the intentional infliction of harm) for losses caus......
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MISFEASANCE IN PUBLIC OFFICE: A TORT IN TENSION.
...Mengel (n 30) 370 (Deane J). (113) Ibid 344-5 (Mason CJ, Dawson, Toohey, Gaudron and McHugh JJ). (114) Beaudesert Shire Council v Smith (1966) 120 CLR 145, 156 (Taylor, Menzies and Owen (115) Mengel (n 30) 336 (Mason CJ, Dawson, Toohey, Gaudron and McHugh JJ). (116) See generally Aronson, G......