Imbree v McNeilly; McNeilly v Imbree
| Jurisdiction | Australia Federal only |
| Judge | Gleeson CJ.,Gummow,Hayne,Kiefel JJ.,Kirby J.,Heydon J.,Crennan J. |
| Judgment Date | 28 August 2008 |
| Neutral Citation | [2008] HCA 40,2008-0828 HCA A |
| Court | High Court |
| Docket Number | S43/2008 & S392/2007 |
| Date | 28 August 2008 |
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28 cases
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Miller v Miller
...between parties is not sufficiently described as that of driver and passenger. 63 This Court's overruling of Cook v Cook in Imbree v McNeilly focused upon the treatment in Cook v Cook of questions of standard of care rather than duty of care. As the plurality pointed out 115 in Imbree, in s......
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Kuhl v Zurich Financial Services Australia Ltd
...Moody (2001) 207 CLR 562 at 579 [50]. 16 cf, as to third parties, Hill v Van Erp (1997) 188 CLR 159; [1997] HCA 9. 17 Imbree v McNeilly (2008) 236 CLR 510 at 528 [49]; [2008] HCA 18 Thompson v Woolworths (Qld) Pty Ltd (2005) 221 CLR 234 at 243 [24]; [2005] HCA 19. 19 [1978] 1 NSWLR 631 at 6......
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4 firm's commentaries
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Court of Appeal considers negligence of children drivers - Zanner v Zanner [2010] NSWCA 343
...in calculating their reserves, given the apparent infrequency of such a finding by Courts. 1 Allsop P; Tobias JA and Young JA 2 [2008] HCA 40 3 Mobbs v Kain [2009] NSWCA 301 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian July 2010) The content ......
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By Majority (6-1), The Court Has Overruled The Principle In Cook-v- Cook (1986) 162 CLR 376
...published on 29 August 2008. Imbree -v- McNeilly [2008] HCA 40 August 2008) Today the High Court delivered its decision in the matter of Imbree -v- McNeilly [2008] HCA 40 (28 August 2008). It is an important decision. Cook -v- Cook stood for the proposition that there may be circumstances i......
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Court relaxes the extent of a supervising driver's duty of care to a learner driver
...As always, the requirements to give directions will depend on the facts of the case. 1 Campbell JA, Sackville AJA and Tobias AJA 2 [2008] HCA 40 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian July The content of this article is intended to prov......
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Curwoods Case Notes - High Court Overturns Cook v Cook
...v McNeilly [2008] HCA 40 Gleeson CJ, Gummow, Kirby, Hayne, Heydon, Crennan Keifel JJ In Brief An inexperienced driver owes the same standard of care as any other person driving a motor vehicle - to take reasonable care to avoid injury to others. The obligation to drive to the standard of a ......
6 books & journal articles
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The Development of the High Court's Willingness to Overrule Common Law Precedent
...last mentioned paper, the authors critique three relatively 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),......
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Tort, Insurance and Ideology: Further Thoughts
...have been aware of his incapacity and recognising that going further95 Road Traffic Act 1988, s 149.96 ibid, s 151.97 [1971] 2 QB 691.98 [2008] HCA 40.99 Overruling Cook vCook [1986] HCA 73.100 He chaired the Australian Law Reform Committee,and its Report 20 (1982) was implementedmore or les......
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Tort Law
...debate on variable standards found in the inexperienced driver cases such as Nettleship v WestonELR[1971] 2 QB 691, Imbree v McNeillyUNK(2008) 236 CLR 510 and Cook v CookUNK(1986) 162 CLR 376. While English and Australian courts have experimented with, and resisted this approach, Singapore ......
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Extended Joint Criminal Enterprise in Australia
...towards a judiciary who have proceeded on erroneous common lawprinciples for such a significant amount of time.As per Imbree vMcNeilly [2008] HCA 40, if the common law of Australia was to be reverted to a timeprior to McAuliffe vR[1995] HCA 37, the jus tification would be that the return is......
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