Caterson v Commissioner of Railways
Jurisdiction | Australia Federal only |
Neutral Citation | 1973-0510 HCA A,[1973] HCA 12 |
Year | 1973 |
Date | 1973 |
Court | High Court |
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18 cases
- Commonwealth v Introvigne
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New South Wales v Fahy (266)
...favoured142), his Honour several times suggested that this Court should return to the test proposed by Barwick CJ in Caterson v Commissioner of Railways143. That test would confine the risk to be guarded against to one that is ‘not unlikely to occur’. This, or some other formula designed to......
- March v Stramare (E and Mh) Pty Ltd
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Insurance Commission of Western Australia v Container Handlers Pty Ltd
...462. 45Container Handlers Pty Ltd (2001) 25 WAR 42 at 54. 46 Chapman v Hearse (1961) 106 CLR 112 ; Caterson v Commissioner for Railways (1973) 128 CLR 99; March v E & M H Stramare Pty Ltd (1991) 171 CLR 506; Medlin v State Government Insurance Commission (1995) 182 CLR 47The Australian Oxfo......
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2 firm's commentaries
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The case of the sugar in the concrete: contaminated cargo
...AC 350; Dorset Yacht Co Ltd v Home Office [1970] AC 1004; Mount Isa Mines Ltd v Pusey 125 CLR 383 and Caterson v Commissioner for Railways 128 CLR 99. His Honour held that it was "not foreseeable prior to the loading of the cargo of basalt into the hold on 15 November and its carriage to Bl......
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'Nervous Shock - Employer´s Liability - Foreseeability Test' : New South Wales -v- Fahy - High Court Of Australia [2007] HCA20
...re-open Shirt. If they were to consider the issue, they would have replaced it with the test in Caterson v Commissioner for Railways (1973) 128 CLR 99, that the materialisation of a risk is foreseeable only if it is "not unlikely to The High Court has reiterated that steps a defendant ought......
1 books & journal articles
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CONTRACT DAMAGES AND THE PROMISEE'S ROLE IN ITS OWN LOSS.
...see, eg, McKew v Holland & Hannen & Cubitts (Scotland) Ltd [1969] 3 All ER 1621 ('McKew'); Caterson v Commissioner for Railways (1973) 128 CLR 99, 110-12 (Gibbs J) ('Caterson'); Corr (n 62) 904-5 [17] (Lord Bingham). See also below n 220 and accompanying (74) [1982] AC 225, 248 ('Le......