Csr Ltd v Eddy
Jurisdiction | Australia Federal only |
Judge | Gleeson CJ,Gummow,Heydon JJ,McHugh J,Callinan J |
Judgment Date | 21 October 2005 |
Neutral Citation | [2005] HCA 64,2005-1021 HCA B |
Docket Number | S523/2004 & S524/2004 |
Court | High Court |
Date | 21 October 2005 |
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103 cases
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Frucor Beverages Ltd v Ilan Blumberg
...ALJR 402. 17 At 168, citing Parry v Cleaver [1970] AC 1 at 14. 18 At 180. 19 At 193. 20 Kars v Kars (1996) 187 CLR 354. 21 CSR Ltd v Eddy [2005] HCA 64, (2005) 226 CLR 22 Latz v Amaca Pty Ltd [2018] HCA 22, (2018) 356 ALR 1. 23 CSR Ltd v Eddy, above n 21, at [35]. The words quoted were draw......
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Spence v Queensland
...Debates (Sydney), 17 March 1891 at 434 (Macrossan). 406 R v Warner (1661) 1 Keb 66 at 67 [ 83 ER 814 at 815]. See CSR Ltd v Eddy (2005) 226 CLR 1 at 11 [13]; [2005] HCA 64; Cross and Harris, Precedent in English Law, 4th ed (1991) at 158–161. See also Felton v Mulligan (1971) 124 CLR 367 at......
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Lewis v Australian Capital Territory
...326 at 332. 108 Roberts [1999] 1 WLR 662 at 666; [1999] 2 All ER 326 at 330. 109 Lumba [2012] 1 AC 245 at 281 [93]. 110 CSR Ltd v Eddy (2005) 226 CLR 1 at 20 [39]. 111 [2019] 1 WLR 2238; [2019] 3 All ER 399. 112 [2019] 1 WLR 2238 at 2241 [3]; [2019] 3 All ER 399 at 401. 113 [2019] 1 WL......
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4 firm's commentaries
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Victorian parliament makes changes to the Wrongs Act
...section is to encompass the recommendation of the VCEC to enact a section to apply despite contrary common law, most notably CSR v Eddy (2005) 226 CLR 1. In that case, the High Court held that where a plaintiff is prevented by an injury from providing gratuitous services to another, the dam......
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Guiney v Australand Holdings Limited And Ors; Castlehaven Sales No. 2 v Guiney And Ors [2008] NSWCA 44
...damages. At the time of trial, Sullivan v Gordon damages were no longer available as per the high court decision of CSR Limited v Eddy [2005] HCA 64, but by the time the trial judge delivered judgment on 7 July 2006, the Civil Liability Amendment Act 2006 had come into effect. Section 15B o......
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Victorian inquiry into Wrongs Act 1958 - VCEC recommendations and government's response
...a statutory entitlement to these damages. This reform would have the effect of reversing the High Court's decision in CSR Ltd v Eddy [2005] HCA 64 in Victoria, by allowing the dependants of an injured person to make a claim for the loss of capacity to care for others in limited A number of ......
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'Domestic Services' Given Ordinary Meaning - Section 15B Civil Liability Act 2002
...clearly from the inferences to be derived from "incontrovertible facts". 1 Beazley JA; Macfarlan JA, Whealy J 2 (1999) NSWCA 338 3 [2005] HCA 64 4 (1990) 19 NSWLR 263 5 [2009] NSWCA 64 The content of this article is intended to provide a general guide to the subject matter. Specialist advic......
3 books & journal articles
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The legal and commercial frameworks
...the early 1960s, Australian courts 100 he court is established under the Federal Court of Australia Act 1976 (Cth). 101 CSR Ltd v Eddy [2005] HCA 64 at [54]; Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 at [135]; Stuart v Kirkland-Veenstra (2009) 237 CLR 215 at [102]; Kir......
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The Australian High Court and Social Facts: A Content Analysis Study
...of their employees have been exposed to asbestos; many of them have contracted asbestosis and mesothelioma as a result…' CSR Ltd v Eddy (2005) 226 CLR 1, 35 [80] (Gleeson CJ, Gummow and Heydon JJ). 110 'Experience tells that in human affairs there are many controvertible assertions, and, ma......
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A Giant Problem: The Influence of the Chicago School on Australian Competition Law, Economic Dynamism and Inequality
...an Effective Predatory Pricing Provision’ (2009) 17(2) Trade Practices Law Journal 82, 86. 89. See, for example, CSR Limited v Eddy (2005) 226 CLR 1, 40 [95] (McHugh J); Carson v John Fairfax Sons Ltd & Slee (1993) 178 CLR 44 [18] of McHugh J’s dissenting judgment. 90. Boral (2003) 215 CLR ......