Kuhl v Zurich Financial Services Australia Ltd
| Jurisdiction | Australia Federal only |
| Judge | Gummow J,French CJ |
| Judgment Date | 04 May 2011 |
| Neutral Citation | [2011] HCA 11,2011-0504 HCA A |
| Docket Number | P31/2010 |
| Court | High Court |
| Date | 04 May 2011 |
-
- 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
241 cases
-
Australian Securities and Investments Commission v GetSwift Limited (Liability Hearing)
...412–413 [165]–[167]). As Heydon, Crennan and Bell JJ succinctly observed a year earlier in Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; (2011) 243 CLR 361 (at 384–385 [63]–[64]):63. The rule in Jones v Dunkel is that the unexplained failure by a party to call a witness may ......
Request a trial to view additional results
3 firm's commentaries
-
Medical: University nursing student placement cancellations & Covid-19.
...to respond to the criticism: [170]. Browne v Dunn (1893) 6 R 67; Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361; [2011] HCA 11; DEJ v Council of the New South Wales Bar Association [2021] NSWCA 72; Scott v Scott [2022] NSWCA 182; Bale & Anor v Mills (2011) 81 NSWLR 498; [......
-
Council fails in reliance on s 42 defence - accident on steps of rotunda in park
...each limb of that section before reaching a concluded opinion. Footnotes 1 Meagher and Hoeben JJA and Tobias AJA 2 [2009] NSWCA 263 3 [2011] HCA 11 per Heydon, Crennan and Bell JJ 4 [1990] NSWCA 164 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australia......
-
Determining Duty: Scope and Content Revisited - Kuhl v Zurich Financial Services Australia Limited [2011] HCA 11
...date: 4 May 2011 [2011] HCA 11 High Court of In Brief The High Court was asked to reconsider the question of whether a contractor on site owed a duty of care to the employee of another contractor and how the content and scope of that duty of care should be formulated. The High Court was als......
3 books & journal articles
-
Litigation
...& Co Ltd v Watield Technology Ltd [2007] HKCFI 197 at [80], per Mr Recorder Kwok SC; Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361 at [63]–[64], per Heydon, Crennan and Bell JJ; Lym International Pty Ltd v Marcolongo [2011] NSWCA 303 at [90]–[94], per Campbell JA; Indigo......
-
The Importance of Full and Frank Disclosure in Family Law Financial Proceedings and the Many Consequences of Non-Disclosure
...Hannan, ‘Use of Affidavits in the Family Court’ (2012) 2 Family Law Review 72, 96–7. 136 Kuhl v Zurich Financial Services Australia Ltd (2011) 243 CLR 361, 384–5 [63]–[64] (Heydon, Crennan and Bell JJ). 137 See Bateman v Bowe [2013] FamCA 253 (19 April 2013) [22], [27]–[30] (Murphy J); Surr......
-
The influence of Professor J.H. Wigmore on evidence law in Australia
...p. 162.45. The principles are summarised most recently in the High Court of Australia in Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11, [63]. In relation to criminal cases, in Dyers v R (2002) 210 CLR 285 Gaudron and Hayne JJ held at [9]–[10](Kirby J at [52] and Callinan J at......