Perre v Apand
Jurisdiction | Australia Federal only |
Judgment Date | 1999 |
Neutral Citation | 1999-0812 HCA B,[1999] HCA 36 |
Date | 1999 |
Court | High Court |
-
- 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
350 cases
-
Woolcock Street Investments Pty Ltd v Cdg Pty Ltd
...damage the pipeline which was damaged was inherently likely to produce economic loss 42. 23 Since Caltex Oil , and most notably in Perre v Apand Pty Ltd43, the vulnerability of the plaintiff has emerged as an important requirement in cases where a duty of care to avoid economic loss has be......
- Matland Holdings Pty Ltd v Ntz Pty Ltd
- Wakim v Hih Casualty & General Insurance Ltd
-
Walsh v South Tipperary County Council
...loss suffered was foreseeable - Ministry of Housing and Local Government v Sharp [1970] 2 QB 223 considered; Perre v Apand PQI Ltd [1999] HCA 36, [1999] 198 CLR 180, Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co. Ltd (The Wagon Mound) [1961] AC 388 and Doran v Delaney (No 2) [......
Request a trial to view additional results
6 firm's commentaries
-
Construction & Infrastructure - What's News - 19 August 2014
...loss – Liability of building surveyor to owner – Whether assumption of responsibility by building surveyor – Perre v Apand Pty Ltd [1999] HCA 36; (1999) 198 CLR 180 – Woolcock Street Investments Pty Ltd v CDG Pty Ltd [2004] HCA 16; (2004) 216 CLR 515. PRACTICE AND PROCEDURE – Pleadings – Am......
-
Professional Indemnity: No duty of care by builder and developer
...Corporation. Such a claim may now not be feasible. Footnotes 1[2012] NSWSC 712 2Ibid, at [127] 3Ibid, at [128] 4(1995) 182 CLR 609 5(1999) 198 CLR 180 6(2004) 216 CLR 515 7Above n 1, at [144] 8Ibid, at [146] – [147] 9Ibid, at [148] – [149] 10Ibid, at [150] 11Ibid, at The content of this art......
-
Australian universities' potential liability for courses that fail to deliver
...defendant will render that person liable "in an indeterminate amount for an indeterminate time to an indeterminate class". (Perre v Apand [1999] HCA 36 at [107]) In respect of a university student, it should be relatively straightforward to calculate the loss as the course fees. If the stud......
-
WA Supreme Court decides GM canola crop case
...and then an inability of a potato growing family to sell to their wholly unaffected potato crop at higher prices (in Perre v Apand (1999) 198 CLR 180), there was still physical damage (disease) caused to property unlike in the present circumstances where the canola swathes posed no risk hea......
Request a trial to view additional results
20 books & journal articles
-
Mandatory sentencing for people smuggling: issues of law and policy.
...Williams v New York, 127 NE 2d 545, 550 (Froessel J) (NY Ct App, 1955); Andrews v Parker [1973] Qd R 33, 104 (Stable J); Perte v Apand (1999) 198 CLR 180, 199-200 [31]-[33] (Gaudron J); Justice Michael McHugh, 'The Law-Making Function of the Judicial Process: Part II' (1988) 62 Australian L......
-
Government liability in negligence.
...(Hayne J). Gleeson CJ agreed with McHugh J: at 13. Kirby J agreed with Gaudron J on this point: at 87. (87) In Perre v Apand Pry Ltd (1999) 198 CLR 180, 219, McHugh J stated that quasi-legislative functions are free of a duty of care. He repeated this proposition in Graham Barclay Oysters (......
-
THE PROMISE OF UNIVERSALITY
...competence and prudence of its management.” 97Makawe Pty Ltd v Randwick City Council[2009] NSWCA 412 at [21] (referring to Perre v Apand(1999) 198 CLR 180). See also Stovin v Wise[1996] AC 923 at 938, per Lord Nicholls: “reliance [is not] a necessary ingredient in all cases”. 98Spandeck Eng......
-
Litigation
...of issues between the irst and the second hearing: Dunstan v Simmie & Co Pty Ltd [1978] VR 669 at 671. 915 Perre v Apand Pty Ltd (1999) 198 CLR 180 at 332, per Callinan J; State of Tasmania v Leighton Contractors Pty Ltd [2004] TASSC 17 at [17], per Cox CJ. If a claimant has not pleaded its......
Request a trial to view additional results