Skelton v Collins
Jurisdiction | Australia Federal only |
Neutral Citation | [1966] HCA 14,1966-0307 HCA B |
Year | 1966 |
Date | 1966 |
Court | High Court |
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63 cases
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Tan Kok Lam (next friend to Teng Eng) v Hong Choon Peng
... ... I cannot read Benham v Gambling as having by implication intended such a result (p 369) ... By contrast, in Skelton v Collins [1965] 105 CLR 94, the Australian High Court, by a majority of 4-1, departed from the majority decision in West v Shephard (supra) and ... ...
- Fitch v Hyde-Cates
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R Ats. Thorpe v Molyneaux
... ... High Court has subsequently refused to follow some English Court of Appeal decisions on the measure of damages in personal injury cases in Skelton v. Collins (1965-6) 115 C.L.R. 94 and the dicta in that case of Kitto, J. at p. 104 and Windeyer, J. at p. 133, 136 are highly instructive. The ... ...
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Singh v Persaud
... ... Phillips v. South-Western Railway Company and the Australian case, Skelton v. Collins [1966] 115 C.L.R. 94 were applied ... 49 That was the direction in which the current of authority flowed ... ...
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2 firm's commentaries
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Stern treatment ' When is it justified? Choice of law and false imprisonment on the high seas
...arrest or confine, English common law may be applied to new situations in accordance with the principles expounded in Skelton v Collins [1966] HCA 14. Accordingly, the Court was free to apply the English Court's decision in Hook v Cunard, noting that the decision in that case had not been d......
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Stern treatment ' When is it justified? Choice of law and false imprisonment on the high seas
...arrest or confine, English common law may be applied to new situations in accordance with the principles expounded in Skelton v Collins [1966] HCA 14. Accordingly, the Court was free to apply the English Court's decision in Hook v Cunard, noting that the decision in that case had not been d......
5 books & journal articles
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The Australian Constitution's Influence on the Common Law
...454 (Higgins J). See also R v Snow (1915) 20 CLR 315, 325 (Griffith CJ); R vSharkey (1949) 79 CLR 121, 163 (Webb J); Skelton v Collins (1966) 115 CLR 94, 134–5(Windeyer J); Felton v Mulligan (1971) 124 CLR 367, 370 (Walsh J during argument). See alsothe discussion in Lipohar (1999) 200 CLR ......
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The Development of the High Court's Willingness to Overrule Common Law Precedent
...see Toohey, above n 8, 191–2; Sir Anthony Mason, ‘The Common Law in Final Courts of Appeal outside Britain’, above n 8, 187–9. 60 (1966) 115 CLR 94. 61 [1964] AC 326. 62 (1966) 117 CLR 118. 63 Whitfeld v De Lauret & Co Ltd (1920) 29 CLR 71; Herald and Weekly Times Ltd v McGregor (1928) 41 C......
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The Common Law in Australia: Its Nature and Constitutional Significance
...considered by the House of Lords or the Privy Council. 34 Piro v Foster (1943) 68 CLR 313. 35 (1963) 111 CLR 610. 36 Skelton v Collins (1966) 115 CLR 94. 344 Federal Law Review Volume 32 ____________________________________________________________________________________ From then on the or......
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The Common Law in Australia: Its Nature and Constitutional Significance
...considered by the House of Lords or the Privy Council. 34 Piro v Foster (1943) 68 CLR 313. 35 (1963) 111 CLR 610. 36 Skelton v Collins (1966) 115 CLR 94. 344 Federal Law Review Volume 32 ____________________________________________________________________________________ From then on the or......
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