Joslyn v Berryman;Wentworth Shire Council v Berryman
| Jurisdiction | Australia Federal only |
| Judge | McHugh J,Gummow,Callinan JJ,Kirby J,Hayne J |
| Judgment Date | 18 June 2003 |
| Neutral Citation | [2003] HCA 34,2003-0618 HCA B |
| Date | 18 June 2003 |
| Court | High Court |
| Docket Number | Matter No S122/2002 Matter Nos S125/2002 and S126/2002 S122/2002, S125/2002 and S126/2002 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
114 cases
- Braverus Maritime Inc. v Port Kembla Coal Terminal Ltd
-
Roads and Traffic Authority v Royal
...v Smurthwaite (2007) 47 MVR 401 at 421 [101]. 35Royal v Smurthwaite (2007) 47 MVR 401. 36 [2007] HCATrans 596. 37 cf Joslyn v Berryman (2003) 214 CLR 552 at 602 [158] per Hayne J; [2003] HCA 34. 38 cf New South Wales v Fahy (2007) 81 ALJR 1021; 236 ALR 406; [2007] HCA 20; Roads and Traffic......
-
Miller v Miller
...[266]–[268]; [2002] HCA 35; Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540 at 583 [99], 624 [234]–[236]; Joslyn v Berryman (2003) 214 CLR 552 at 564 [30]; [2003] HCA 34; Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2004) 216 CLR 515 at 528–529 [18]; [2004] HCA 16; Vairy v Wy......
Request a trial to view additional results
5 firm's commentaries
-
The Section 34 due inquiry and search requirement will likely fail if there was no difficulty in ascertaining the identity of the responsible vehicle
...Basten JA and Sackville AJA 2 Meakes v Nominal Defendant [2011] NSWDC 9 3 (1974) 7 ALR 680 4 [1958] HCA 57; 100 CLR 375 at 380 - 381 5 [2003] HCA 34 6 [1995] HCA5; 182CLR 1, at Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian July 2010) The conte......
-
Employer not liable when it did not know the risk of harm on construction site
...negligence by Mr Bosevski. Avopiling bore the onus of establishing contributory negligence (Joslyn v Berryman (2003) 214 CLR 552; [2003] HCA 34; Ghunaim v Bart [2004] NSWCA 28). It failed to prove its case as the evidence given by two operators of the rig supported the primary judge's findi......
-
AAMI Limited v Hain [2008] NSWCA 46
...CJ, with whom Beazley JA and Tobias JA agreed. McClellan CJ considered the facts to be distinguishable from those in Joslyn v Berryman (2003) 214 CLR 552. In that case His Honour noted both parties had consumed "very considerable" quantities of alcohol and the Defendant (who was found to ha......
-
Rebutting the statutory presumption of contributory negligence: Is it objective, subjective or - impossible?
...The decision now brings South Australia into line with the objective approach to contributory negligence confirmed by Joslyn v Berryman (2003) 214 CLR 552 and will be of broader application in the Australian Capital Territory1, Queensland2, New South Wales3 and the Northern Territory4 and w......
Request a trial to view additional results
2 books & journal articles
-
The Australian High Court and Social Facts: A Content Analysis Study
...Ltd (2002) 208 CLR 460 H 2002 Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317 H 2003 Joslyn v Berryman (2003) 214 CLR 552 H 2003 New South Wales v Lepore (2003) 212 CLR 511 H 2003 Cattanach v Melchior (2003) 215 CLR 1 H 2003 Whisprun Pty Ltd v Dixon (2003) 2......
-
Tortious Liability in China's Motorsports Industry
...in NSW, the VAR defense has been abolished in motor accident cases other than those occurring during motor racing. See Joslyn v Berryman [2003] HCA 34, ¶ 71; Taylor v Hall [2020] NSWDC 321, ¶ 62; Vega v Tvedsborg and Anor [2007] NSWDC 197, ¶ 62. The Motor Accidents Act of 1988 states: (1) E......