Brodie v Singleton Shire Council
| Jurisdiction | Australia Federal only |
| Judge | Gleeson CJ,Gaudron,McHugh,Gummow JJ,Kirby J,Hayne J,Callinan J |
| Judgment Date | 31 May 2001 |
| Neutral Citation | [2001] HCA 29,2001-0531 HCA A |
| Court | High Court |
| Docket Number | S44/1999 |
| Date | 31 May 2001 |
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252 cases
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Mcnamara (Mcgrath) v Consumer Trader and Tenancy Tribunal
...here. I adhere to the opinions that I expressed in it. 83 One particular consideration that I thought relevant and important in Brodie v Singleton Shire Council104 is present here: that the common law principle or doctrine which a party wished to have overruled, or held to have been propoun......
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Steenkamp NO v Provincial Tender Board, Eastern Cape
...Government Affairs and Others 2005 (3) SA 589 (CC) (2005 (4) BCLR C 347): referred to. Foreign cases Brodie v Singleton Shire Council (2001) 206 CLR 512 ([2001] HCA 29): referred Brown v British Columbia (Minister of Transportation and Highways) [1994] 1 SCR 420: referred to D Crimmins v St......
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Mrs. Margaret Mctear V. Imperial Tobacco Limited
...is of its nature likely to obscure the proper inquiry as to breach [footnote reference to Brodie v Singleton Shire Council (2001) 206 C.L.R. 512 at 627-628 [309]]. That inquiry involves identifying, with some precision, what a reasonable person in the position of the defendant would do by w......
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Cornwell v R
...Communist Party v Commonwealth (1951) 83 CLR 1 at 193; Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476 at 513 [103]. 197 (2001) 206 CLR 512 at 602 [231]. See also Central Bayside General Practice Association Ltd v Commissioner of State Revenue (2006) 80 ALJR 1509 at 1527–1528 [82]–[84......
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2 firm's commentaries
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'Occupiers Liability Careless Or Inadvertent Plaintiff - Contributory Negligence': Skulander -V- Willoughby City Council [2007] NSWCA 116
...standard of care, however, must take into account the possibility that plaintiffs will be inadvertent: Brodie v Singleton Shire Council (2001) 206 CLR 512. Pedestrians in a busy bus interchange will have competing demands on their attention. Additionally, an obstacle above eye level will po......
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Commonwealth Bank of Australia v Barker: High Court closes the door on the invisible trust and confidence term, but will another door then open to something more effective and visible?
...legislative environment (see for example SGIO v Trigwell (1979) 142 CLR 617 at 633, and Brodie v Singleton Shire Council (20010 206 CLR 512 at 532; see also State of New South Wales v Paige (2002) NSWLR 371 at 400). It is nothing remarkably Fourthly, what is this alleged creature called "th......
14 books & journal articles
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Government liability in negligence.
...424, 469 (Mason J). (104) Graham Barclay Oysters (2002) 211 CLR 540, 553-4. (105) Ibid 553-4. See also Brodie v Singleton Shire Council (2001) 206 CLR 512, 528 (106) (1998) 192 CLR 330, 425. (107) His Honour resolved the issue by reference to a number of policy considerations: see ibid 423-......
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The Development of the High Court's Willingness to Overrule Common Law Precedent
...recent common law overruling decisions of the High Court (Imbree v McNeilly (2008) 236 CLR 510, Brodie v Singleton Shire Council (2001) 206 CLR 512 and Esso Australia Resources v Federal Commissioner of Taxation (1999) 201 CLR 49), with the aim of identifying normative principles of overrul......
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Judicial Review of Non-Statutory Executive Powers
...law _____________________________________________________________________________________ 41 See, eg, Brodie v Singleton Shire Council (2001) 206 CLR 512, 555 [92] (McHugh and Gummow JJ), noting that in Australia the term 'non-justiciability' has been used 'to describe controversies within ......
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Of Kings and Officers — The Judicial Development of Public Law
...establishing a distinction between misfeasance and malfeasance in respect of highway authorities: see Brodie v Singleton Shire Council (2001) 206 CLR 512, 564–565, 590–91, 607–13. 74 See Everett v Griffiths [1921] 1 AC 631; In re McC [1985] 1 AC 528; Rajski v Powell (1987) 11 NSWLR 522; Abi......
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