Lithgow City Council v Jackson
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Heydon,Bell JJ,Gummow J.,Crennan J. |
| Judgment Date | 28 September 2011 |
| Neutral Citation | [2011] HCA 36,2011-0928 HCA B |
| Court | High Court |
| Docket Number | S66/2011 |
| Date | 28 September 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
61 cases
-
Ford v Inghams Enterprises Pty Ltd (No 3)
...FCR 51; [2000] FCA 1886 Kraus v Menzie [2012] FCAFC 144 Leslie v Graham [2002] FCA 32 Lithgow City Council v Jackson (2011) 244 CLR 352; [2011] HCA 36 Lulham v Shanahan, Watkins Steel & Ors [2003] QADT 11 Lustre Hosiery Ltd v York (1935) 54 CLR 134 McGuire v Reyes t/as Entrance Lakehouse [2......
-
Malone v State of Queensland (The Clermont-Belyando Area Native Title Claim) (No 5)
...Left Bank Investments Pty Ltd v Ngunya Jarjum Aboriginal Corporation [2020] NSWCA 144 Lithgow City Council v Jackson (2011) 244 CLR 352; [2011] HCA 36 Love v The Commonwealth of Australia (2020) 270 CLR 152; [2020] HCA 3 Mabo v State of Queensland (No 2) (1992) 175 CLR 1 McLennan on behalf ......
-
Amaca Pty Ltd (Under NSW Administered Winding Up) v Booth
...of contributory negligence as an absolute defence. Further, many issues of causation, including those recently considered in Lithgow City Council v Jackson82 and those which arise on the present appeals, lie outside the realm of common knowledge and experience. They fall to be determined by......
Request a trial to view additional results
4 firm's commentaries
-
Building site accident - Was plaintiff an employee or deemed worker? - Causation
...breaches of the Regulations (see for example, Elphick v Westfield Shopping Centre Management Company Pty Ltd 8). Footnotes 1 Adamson J 2 [2011] HCA 36 3 [2009] HCA 35 4 as per Gummow J in Roads and Traffic Authority (NSW) v Dederer [2007] 234 CLR 330 at 345 5 [2001] HCA 44; 207 CLR 21 6 [19......
-
Common sense prevails - evidentiary onus confirmed by the High Court
...date: 28 September 2011 Lithgow City Council v Jackson [2011] HCA 36 High Court of In Brief A statement of a lay opinion in a business record must comply with s 78 of the Evidence Act. Section 78 is not a "best evidence" provision, permitting the reception of evidence if there is no better ......
-
High Court finds ambulance record inadmissible as evidence of fall into concrete drain
...City Council v Jackson [2011] HCA 36 Background On 18 July 2002, Mr Jackson was found by bystanders with a decreased level of consciousness and badly injured in a concrete drain in an area of parkland controlled by the Lithgow City Council ('Council'). The western end of the drain had, at i......
-
More Trips Less Stumbles in Litigation
...not have stumbled on the rug had the blind been down. AMBIGUOUS AMBULANCE RECORD INADMISISSIBLE In Lithgow City Council v Craig Jackson [2011] HCA 36, the High Court ruled that an ambiguous and obscure note made by an ambulance officer about the cause of an accident was inadmissible. In the......
1 books & journal articles
-
Case Commentaries
...had been the reason for the search.Lay opinion evidence—business documents—factual inferences—AustraliaIn Lithgow City Council vJackson [2011] HCA 36, the claimant went for an afternoonwalk with his dogs. He was, at the time, moderately intoxicated. The next morninghe was found unconscious,......