Miller v Miller
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Gummow,Hayne,Crennan JJ |
| Judgment Date | 07 April 2011 |
| Neutral Citation | [2011] HCA 9,[2011] HCA 92,2011-0407 HCA A |
| Court | High Court |
| Docket Number | P25/2010 |
| Date | 07 April 2011 |
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52 cases
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Leason and Others v the Attorney-General
...at 176. See also Yap, above n 84, at 62. 86 Ernest J Weinrib “Illegality as a tort defence” (1976) 26 UTLJ 28 at 42. 87 Miller v Miller [2011] HCA 9, (2011) 242 CLR 88 At [15]. French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ. 89 Lord Sumption, above n 84, at 17. 90 Law Commission (Eng......
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David Michael Joyce (by his Litigation Friend Stephanie Tarrant) v (1) Edward Gerald O'Brien (First Respondent) (2) Tradex Insurance Company Ltd (Second Respondent)
...for the courts to seek to impose a more limited duty of care which might apply in these circumstances. 20 The most recent case is Miller v Miller [2011] HCA 9. The claimant was a sixteen year old girl who had stolen a car to get home after she had missed the last train and could not afford ......
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Daniel McCracken (a protected party suing by his mother and litigation friend Deborah Norris) (Claimant/1st Respondent) v (1) Damian Smith (1st Defendant/2nd Respondent) (2) The Motor Insurers' Bureau (2nd Defendant/3rd Respondent) (3) Darren Michael Bell (3rd Defendant/Appellant)
...ex turpi causa principle in that and other cases. The section ended with consideration of the decision of the High Court of Australia in Miller v Miller [2011] HCA 9, where the court's conclusion on the issue of principle was expressed as follows: "If, in a particular case, it were to be sh......
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Equuscorp Pty Ltd v Haxton
...Ltd (1988) 12 NSWLR 394 at 402 per Kirby P, 421 per Mahoney JA. 27 Hurst v Vestcorp Ltd (1988) 12 NSWLR 394 at 421 per Mahoney JA. 28 (2011) 242 CLR 446 at 458 [26]; [2011] HCA 29 Yango Pastoral Company Pty Ltd v First Chicago Australia Ltd (1978) 139 CLR 410 at 423 per Mason J, Aickin J ag......
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3 firm's commentaries
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Criminal acts and civil liabilities: where does one stop and the other begin?
...v Miller [2011] HCA 9 A passenger involved in stealing a car was found to be owed a duty of care after the driver lost control of the vehicle and crashed into a The 16 year old plaintiff had been out drinking with her sister and cousins. After discovering the last train had gone and she had......
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A duty of care can arise between joint participants in an illegal enterprise
...v Miller [2011] HCA 9 The High Court has found that (pursuant to s8 of The Criminal Code (WA)) a participant in a joint illegal enterprise can be owed a duty of care if, prior to the accident, they withdrew from the illegal enterprise. The fact that a plaintiff was involved in a joint illeg......
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Can A Thief Sue The Reckless Driver Of The Get-Away Car?
...and uncle were engaged in a crime punishable by a prison term of up to 7 years, not some minor traffic offence. See also Miller v Miller, [2011] HCA 9. http://www.bailii.org/ew/cases/EWCA/Civ/2013/546.html http://www.austlii.edu.au/au/cases/cth/HCA/2011/9.html About The content of this arti......
6 books & journal articles
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Contract formation
...410 at 413–414, per Gibbs ACJ; Fitzgerald v FJ Leonhardt Pty Ltd (1997) 189 CLR 215 at 218–219, per Dawson and Toohey JJ; Miller v Miller [2011] HCA 9 at [24]; Equuscorp Pty Ltd v Haxton [2012] HCA 7 at [23]. 118 ContraCt ForMation 2.167 he question of whether a statute renders a contract u......
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Attributes and Attribution of State Courts — Federalism and the Kable Principle
...Multicultural Affairs v Bhardwaj (2002) 209 CLR 597, 613 [46] (Gaudron and Gummow JJ), 643 [144]–[145] (Hayne J). 112 Miller v Miller (2011) 242 CLR 446, 469 [60] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ). 2012 Attributes and Attribution of State Courts 47 ____________________......
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Lecture - ONES DAY PROFESSORSHIP OF COMMERCIAL LAW LECTURE 2019 – “THE STATE OF ILLEGALITY”
...the claimant was a partner in the firm of solicitors. 36 Nelson v Nelson (1995) 184 CLR 538. 37 [2012] HCA 7. See also Miller v Miller [2011] HCA 9; (2011) 242 CLR 446. 38 Cross v Kirby [2000] EWCA Civ 426 at [76], per Beldam LJ. 39 [2014] UKSC 55; [2015] AC 430 at [22], per Lord Sumption. ......
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Heresy in the High Court? Federalism as a Constraint on Commonwealth Power
...Commitment to a Federal Relationship Possible?' (2008) 31 University of New South Wales Law Journal 395. 34 See, eg, Miller v Miller (2011) 242 CLR 446, 454 [13], 468–469 [59]–[60] (French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ); Equuscorp Pty Ltd v Haxton (2012) 86 ALJR 296, 320 [9......
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