Graham Barclay Oysters Pty Ltd v Ryan

JurisdictionAustralia Federal only
JudgeGleeson CJ,Gaudron J,McHugh J,Gummow,Hayne JJ,Kirby J,Callinan J
Judgment Date05 December 2002
Neutral Citation2002-1205 HCA A,[2002] HCA 54
CourtHigh Court
Docket NumberS258/2001 S261/2001
Date05 December 2002
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193 cases
  • Attorney-General v Strathboss Kiwifruit Ltd
    • New Zealand
    • Court of Appeal
    • 9 April 2020
    ...(No 1), above n 179, at [122]–[124]. Reliance was also placed on other biosecurity cases such as Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54, (2002) 211 CLR 540; and Regent Holdings Pty Ltd v State of Victoria [2013] VSC 208 Referring to The Grange, above n 147, at [158]. 209 High C......
  • P McD v The Governor of the X Prison
    • Ireland
    • Supreme Court
    • 17 September 2021
    ... ... , Burrell v Metropolitan Entertainment [2011] NSCA 108 and Graham Calvert v William Hill Credit Limited [2008] EWHC 454 ... In the latter ... is defined by Gummow and Hayne JJ in the leading case of Oysters Pty Ltd v Ryan [2002] HCA 54 at [31] as involving: An ... ...
  • Roads and Traffic Authority of NSW v Dederer
    • Australia
    • High Court
    • 30 August 2007
    ...and its importance has not been diminished, but rather has been increased, in the circumstances of modern litigation. 6 In Graham Barclay Oysters Pty Ltd v Ryan4, I referred to what was said about the principle by the House of Lords during the nineteenth century in Owners of the ‘P Caland’ ......
  • New South Wales v Fahy (266)
    • Australia
    • High Court
    • 22 May 2007
    ...of concurrent findings that there was a breach of that duty. I expressed my views on the significance of this consideration inGraham Barclay Oysters Pty Ltd v Ryan15, and do not intend to repeat them. The essence of the challenge to those findings is that the reasoning on which they were ba......
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1 firm's commentaries
  • My view of Food Poisoning Law in Australia and New Zealand
    • Australia
    • LexBlog Australia
    • 8 September 2010
    ...More information is available at http://www.abc.net.au/news/stories/2010/06/21/2932535.htm Graham Barclay Oysters Pty Ltd v Ryan 211 CLR 540; 77 ALJR 183; 125 LGERA 1; 194 ALR 337 More information is available at: http://home.iprimus.com.au/foo7/badfood.html 2003 WL 21921167 [2003] More Inf......
11 books & journal articles
  • Government liability in negligence.
    • Australia
    • Melbourne University Law Review Vol. 32 No. 1, April 2008
    • 1 April 2008
    ...Proceedings Act 1988 (NSW) s 5(2); Crown Proceedings Act 1980 (Qld) s 9(2)(a); Crown Proceedings Act 1958 (Vie) ss 23(1)(b), 25. (5) (2002) 211 CLR 540, 556 (citations (6) The statutes in three jurisdictions apply the 'same' substantive law to the Crown: Crown Proceedings Act (NT) s 5; Crow......
  • THE PROMISE OF UNIVERSALITY
    • Singapore
    • Singapore Academy of Law Journal No. 2013, December 2013
    • 1 December 2013
    ...would admit at this juncture that this is basically a restatement of the two-stage test in Anns.” 10[1978] AC 728. 11[1990] 2 AC 605. 12(2002) 211 CLR 540. 13 This article is not an evaluation of Spandeck itself, but rather an analysis of what has gone on after Spandeck, and how the princip......
  • Judicial Review of Migration Decisions: Life after S157
    • United Kingdom
    • Sage Federal Law Review No. 33-1, March 2005
    • 1 March 2005
    ...Construction, Forestry, Mining and Energy Union (2002) 117 FCR 212, 231, 236; Graham Barclay Oysters Pty Ltd v Great Lakes Council (2002) 211 CLR 540, 609 [183]. For cases in which the relevant jurisdictional fact was a 'fact' in the objective sense, see Corporation of the City of Enfield v......
  • The Australian High Court and Social Facts: A Content Analysis Study
    • United Kingdom
    • Sage Federal Law Review No. 40-3, September 2012
    • 1 September 2012
    ...by expert witnesses. For example, see Swain v Waverley Municipal Council (2005) 220 CLR 517; Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540. In addition, during the course of this study I reviewed the High Court files for the matters which led to the decisions in Cattanach v Melch......
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