State Government Insurance Commission (Sa) v Trigwell
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Neutral Citation | [1979] HCA 40 |
| Year | 1979 |
| Date | 1979 |
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23 cases
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PGA v The Queen
...(1998) at 121. 210 Judicial Discretion in the House of Lords, (1998) at 121. 211 State Government Insurance Commission v Trigwell (1979) 142 CLR 617 at 633 per Mason J; [1979] HCA 212 See below at [128]–[129] and [146]–[150] for other arguments favouring legislative change in the criminal l......
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Brodie v Singleton Shire Council
...can have no effect different from repeating and extending the application of the rule by legislative provision. 39 In State Government Insurance Commission v Trigwell30 this Court was concerned with an ancient common law rule concerning accidents suffered by road users as a result of animal......
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Commonwealth of Australia v Yarmirr
...J. 62 (1992) 175 CLR 1 at 79. 63Cooper v Stuart (1889) 14 App Cas 286 at 291; see also State Government Insurance Commission v Trigwell (1979) 142 CLR 617 esp at 634; Blackstone, Commentaries, 17th ed (1830), vol 1, par 64Mabo [No 2] (1992) 175 CLR 1 at 79 per Deane and Gaudron JJ; Sammut v......
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Momcilovic v The Queen
...299 (1996) 189 CLR 1 at 18–19; [1996] HCA 18. 300 (2011) 85 ALJR 746; 278 ALR 1. 301State Government Insurance Commission v Trigwell (1979) 142 CLR 617 at 634; [1979] HCA 302Chief Executive Officer of Customs v Labrador Liquor Wholesale Pty Ltd (2003) 216 CLR 161; [2003] HCA 49; Rich v Au......
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2 firm's commentaries
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Commonwealth Bank of Australia v Barker: High Court closes the door on the invisible trust and confidence term, but will another door then open to something more effective and visible?
...law, bearing in mind its need to work in a coherent way with the surrounding legislative environment (see for example SGIO v Trigwell (1979) 142 CLR 617 at 633, and Brodie v Singleton Shire Council (20010 206 CLR 512 at 532; see also State of New South Wales v Paige (2002) NSWLR 371 at 400)......
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Archaic immunity from the long face of the law
...on the animal owner for damage or injury caused as a consequence. In the case of State Government Insurance Commission v Trigwell (1979) 142 CLR 617, the High Court of Australia affirmed the rule in Searle v Wallbank. It has, since then, been well established that the immunity applies in Qu......
5 books & journal articles
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The Development of the High Court's Willingness to Overrule Common Law Precedent
...a clear judicial resistance to reconsidering settled common law doctrine, see State Government Insurance Commission v Trigwell (1979) 142 CLR 617, 623 (Barwick CJ), 626 (Gibbs J), 633 (Mason J); Dugan v Mirror Newspapers (1978) 142 CLR 583, 586 (Barwick CJ), 590–1 (Gibbs J). See generally A......
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The Common Law in Australia: Its Nature and Constitutional Significance
...Cas 286, 292–3; Delohery v Permanent Trustee Co of NSW (1904) 1 CLR 283, 289, 291. 11 State Government Insurance Commission v Trigwell (1979) 142 CLR 617, 625 (footnotes omitted). 340 Federal Law Review Volume 32 ______________________________________________________________________________......
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The Common Law in Australia: Its Nature and Constitutional Significance
...Cas 286, 292–3; Delohery v Permanent Trustee Co of NSW (1904) 1 CLR 283, 289, 291. 11 State Government Insurance Commission v Trigwell (1979) 142 CLR 617, 625 (footnotes omitted). 340 Federal Law Review Volume 32 ______________________________________________________________________________......
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Reasoning with the Foundations of Rules
...ceased to be a rule of law’: at 437 [224] (emphasis added). 55 Ibid 402 [126]. 56 State Government Insurance Commission (SA) v Trigwell (1979) 142 CLR 617, 627 (Gibbs J) (‘[a]lthough the rules of the common law develop as conditions change, a settled rule is not abrogated because the condit......
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