Swain v Waverley Municipal Council
| Jurisdiction | Australia Federal only |
| Judge | Gleeson CJ,McHugh J,Gummow J,Kirby J,Heydon J |
| Judgment Date | 09 February 2005 |
| Neutral Citation | 2005-0209 HCA A,[2005] HCA 4 |
| Court | High Court |
| Docket Number | S619/2003 |
| Date | 09 February 2005 |
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154 cases
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Laybutt v Glover Gibbs Pty Ltd T/as Balfours Nsw Pty Ltd
...in original) The appeal to this Court 30 Some observations of Gleeson CJ in the most recent civil jury case in this Court,Swain v Waverley Municipal Council7 are relevant to this appeal: ‘The resolution of disputed issues of fact, including issues as to whether a defendant's conduct conform......
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Kuhl v Zurich Financial Services Australia Ltd
...HCA 5; Woods v Multi-Sport Holdings Pty Ltd (2002) 208 CLR 460 at 503–504 [144]; [2002] HCA 9; Swain v Waverley Municipal Council (2005) 220 CLR 517 at 564 [140]; [2005] HCA 34 Wyong Shire Council v Shirt (1980) 146 CLR 40 at 47. 35 State of Victoria v Bryar (1970) 44 ALJR 174 at 175 per Ba......
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Roads and Traffic Authority of NSW v Dederer
...194 CLR 457 at 471 [43]. 16Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540 at 569 [54]. 17Swain v Waverley Municipal Council (2005) 220 CLR 517 at 519–522 18D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1. 19 (2005) 13 VR 111 at 115. 20 (1980) 146 CLR 40 at 47–48. 21 (2007) ......
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1 firm's commentaries
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The Jury is Out - Questioning the role of the jury in civil litigation
...This is a question no less pertinent now than when posed following the High Court decision of Swain v Waverley Municipal Council [2005] HCA 4, also known as the Bondi bodysurfing In some states and territories, trial by jury has been abolished, whilst in other states and territories the rig......
1 books & journal articles
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The Australian High Court and Social Facts: A Content Analysis Study
...in some sections to SF evidence which had been given by expert witnesses. For example, see Swain v Waverley Municipal Council (2005) 220 CLR 517; Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540. In addition, during the course of this study I reviewed the High Court files for the ma......