New South Wales v Fahy (266)

JurisdictionAustralia Federal only
JudgeGummow,Gleeson CJ,Hayne JJ,Kirby J,Callinan,Heydon JJ
Judgment Date22 May 2007
Neutral Citation[2007] HCA 20,2007-0522 HCA B
CourtHigh Court
Docket NumberS341/2006
Date22 May 2007
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67 cases
  • Application by Jemena Gas Networks (NSW) Ltd (No 3)
    • United Kingdom
    • Competition Appeal Tribunal
    • Invalid date
  • Roads and Traffic Authority of NSW v Dederer
    • Australia
    • High Court
    • 30 August 2007
    ...be considered with other relevant factors.’ 69 The continuing authority of this passage has recently been reaffirmed by this Court in New South Wales v Fahy93. In that case, Gummow and Hayne JJ observed that 94: ‘There may be cases when the principles stated in Shirt have not been applied a......
  • Campbell v Northern Territory of Australia (No 3)
    • Australia
    • Federal Court
    • 9 September 2021
    ...of Corrective Services [2009] NSWSC 304 Smith v Commissioner of Corrective Services [1978] 1 NSWLR 317 State of New South Wales v Fahy [2007] HCA 20; (2007) 232 CLR 486 State of New South Wales v TD [2013] NSWCA 32; (2013) 83 NSWLR 566 State of South Australia v Clark (1996) 66 SASR 199 Sta......
  • Kuru v State of New South Wales
    • Australia
    • High Court
    • 12 June 2008
    ...the Crown Proceedings Act 1988 (NSW). The application of those provisions was examined by this Court in New South Wales v Ibbett1 and New South Wales v Fahy2. No issue was argued in this appeal about the operation of these provisions, or about the liability of the State for any wrongs done ......
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4 firm's commentaries
  • Heli-mustering accident leads to catastrophic spinal injury
    • Australia
    • Mondaq Australia
    • 8 February 2016
    ...placed in the defendant's position (at [14]). He also referred to other decisions including that of Gleeson CJ in New South Wales v Fahy [2007] HCA 20 and noted that the relevant risk was that of injury to Mr Cook if there was a sudden loss of power or mechanical failure. There was a lack o......
  • Transport & Logistics News - June 2016 (Part 2)
    • Australia
    • Mondaq Australia
    • 7 July 2016
    ...placed in the defendant's position (at [14]). He also referred to other decisions including that of Gleeson CJ in New South Wales v Fahy [2007] HCA 20 and noted that the relevant risk was that of injury to Mr Cook if there was a sudden loss of power or mechanical failure. There was a lack o......
  • 'Nervous Shock - Employer´s Liability - Foreseeability Test' : New South Wales -v- Fahy - High Court Of Australia [2007] HCA20
    • Australia
    • Mondaq Australia
    • 26 June 2007
    ...Date: May 22, 2007 New South Wales -v- Fahy High.Court.of.Australia [2007] HCA 20 Gleeson CJ, Gummow, Kirby, Hayne, Callinan, Heydon and Crennan In Brief The High Court has narrowly allowed an employer's appeal from a unanimous NSW Court of Appeal decision on breach of duty giving rise to p......
  • Police officer fails, despite exposure to significant psychiatric trauma
    • Australia
    • Mondaq Australia
    • 1 July 2015
    ...of New South Wales [2015] NSWSC 655. 2Kondis v State Transport Authority [1984] HCA 61 per Mason J at 687-688. 3 New South Wales v Fahy [2007] HCA 20 per Gleeson CJ at 4 Tabet v Gett [2010] HCA 12. © HopgoodGanim Lawyers Award-winning law firm HopgoodGanim offers commercially-focused advice......
1 books & journal articles
  • Government liability in negligence.
    • Australia
    • Melbourne University Law Review Vol. 32 No. 1, April 2008
    • 1 April 2008
    ...361 (McHugh J); Leichhardt Municipal Council v Montgomery (2007) 230 CLR 22, 46-9 (Kirby J), 87-8 (Callinan J); New South Wales v Fahy (2007) 236 ALR 406, 464-5 (Crennan (68) Geddis v Proprietors of Bann Reservoir (1878) 3 App Cas 430 ('Geddis'). (69) Metropolitan Asylum District v Hill (18......

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