Sutherland Shire Council v Heyman
| Jurisdiction | Australia Federal only |
| Judgment Date | 1985 |
| Neutral Citation | 1985-0704 HCA B,[1985] HCA 41 |
| Date | 1985 |
| Court | High Court |
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348 cases
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TV Media Pte Ltd v De Cruz Andrea Heidi and Another Appeal
...test of foreseeability of damage is met. Proximity 47 The notion of proximity has been described in Sutherland Shire Council v Heyman (1985) 157 CLR 424 at 498 as including “reliance by one party upon such care being taken where the other party ought to have known of such reliance”. TV Medi......
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4 firm's commentaries
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Property & Projects - What's News - 19 May 2015
...limitation period and to subsequent conduct Darley Main Colliery Co v Mitchell (1886) 11 App Cas 127; Sutherland Shire Council v Heyman [1985] HCA 41; (1985) 157 CLR 424, considered. This appeal concerns a dispute which arose after a concrete slab was cast on land in Thornbury in about Ma......
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Duty of Care and the 'Salient Features' Test
...second, that there must have been actual reliance. His Honour noted that pursuant to the decisions of Sutherland Shire Council v Heyman [1985] HCA 41 and Pyrenees Shire Council v Day [1998] HCA 3 it is not necessarily actual reliance that is important but 'foreseeability or knowledge of tha......
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Professional Negligence In The Construction Field
...pp.864-5 38. [1995] 2 AC 296 per L.Lowry pp.325-6; L.Slynn p.333; L.Woolf p.342 39. [2006] 4 All ER 490 per L.Hoffmann Para.32 40. (1985) 157 CLR 424 p.481 41. Stapleton J: Duty of care and economic loss: a wider agenda (1991) 42. [1990] 2 AC 605 per L.Bridge p.618 43. [1991] 1 AC 398 per L......
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Heading The Ball: Part Of The Game Or An Industrial Disease
...the development of the law of negligence recommended by Brennan J. in theHigh Court of Australia in Sutherland Shire Council v Heyman (1985) 60 A.L.R. 1, 43-44, where he said:"It is preferable, in my view, that the law should develop novel categories of negligence incrementally and by analo......
17 books & journal articles
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Government liability in negligence.
...Electric Tramway and Lighting Co Ltd (1916) 21 CLR 181, 187-8 (Griffith CJ). (70) See Sutherland Shire Council v Heyman ('Sutherland') (1985) 157 CLR 424, 485, where Brennan J allowed for a possible exception where the statutorily authorised activity is 'inherently dangerous'. One might cou......
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A COMMON LAW TORT OF PRIVACY?
...Non-Disclosure Orders[2012] 1 WLR 1003. 78Terry v Persons Unknown[2010] EWHC 119; [2010] 1 FCR 659. 79Sutherland Shire Council v Heyman(1985) 60 ALR 1 at 43; (1985) 157 CLR 424 at 481. 80 For criticism, see Ken Oliphant, “Against Certainty in Tort Law” in Tort Law: Challenging Orthodoxy (St......
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THE PROMISE OF UNIVERSALITY
...(Academy Publishing, 2011) at p 78. 29Caparo Industries plc v Dickman[1990] 2 AC 605 at 623. See also Sutherland Shire Council v Heyman(1985) 157 CLR 424 at 481. 30 Gary Chan, The Law of Torts in Singapore (Academy Publishing, 2011) at p 79. See also Colin Liew, “Keeping it Spick and Spande......
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The legal and commercial frameworks
...Borough Council [1978] AC 728 following the inluential decision of the high Court of australia in Sutherland Shire Council v Heyman (1985) 157 CLr 424. See Duncan Wallace, Construction Contracts: Principles and Policies in Tort and Contract Vol 2 (Sweet & Maxwell, 1996) pages 7–8 and 95–96;......
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