Sutherland Shire Council v Heyman
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Judgment Date | 1985 |
| Neutral Citation | 1985-0704 HCA B,[1985] HCA 41 |
| Date | 1985 |
-
- 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
315 cases
- Chapman v Luminis Pty Ltd (No 5)
- Re David Securities Pty Ltd v Commonwealth Bank of Australia
- Kenny & Good Pty Ltd v Mgica (1992) Ltd
-
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......
Request a trial to view additional results
3 firm's commentaries
-
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......
-
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......
-
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......
7 books & journal articles
-
The Law of Bureaucratic Negligence in South Africa: A Comparative Commonwealth Perspective
...class of persons to whom it is owed or the damages to which a breach of itmay give rise.’19Sutherland Shire Council v Heyman (1985) 60ALR 1 (HCA); Caparo Industries plc v Dickman& Others [1990] 1 All ER 568 (HL); Murphy v Brentwood District Council [1990] 2All ER 908(HL).20See the following......
-
Horizontal Effect and the Constitutional Constraint
...above,273.139 ibid, 271.140 ibid, 272.141 ibid, 273.142 n 59 above.143 Kavanagh, n 71 above,272.144 See eg Sutherland Shire Council vHeyman 60 ALR 1, 43–44 (Brennan J), cited with approval inCaparo vDickman [1990] 2 AC 605,633–634 (Lord Oliver); Malone vMetropolitan Police Commis-sioners [1......
-
The use and Enforcement of Soft Law by Australian Public Authorities
...for finding that a duty of care is owed by a private actor, who would in any case generally have the right to refuse assistance. 168 (1985) 157 CLR 424 ('Sutherland SC v Heyman'). 169 Ibid 458 (Mason J). See a lso at 467–8 (Mason J). Note that the plaintiff in Heyman was unsuccessful in est......
-
State liability and accountability
...to negative, or to reduce or limit thescope of the duty and the class of person to whom it is owed’: Sutherland Shire Council v Heyman(1985) 60 ALR 1. The approach in Anns was rejected in SouthAfrica in Lillicrap, Wassenaar andPartners v Pilkington Bros (SA) (Pty) Ltd 1985 (1) SA475 (A) 500......
Request a trial to view additional results