Vairy v Wyong Shire Council
| Jurisdiction | Australia Federal only |
| Judge | Gleeson CJ,Kirby J,McHugh J,Gummow J,Hayne J,Callinan,Heydon JJ |
| Judgment Date | 21 October 2005 |
| Neutral Citation | 2005-1021 HCA E,[2005] HCA 62 |
| Court | High Court |
| Docket Number | S493/2004 |
| Date | 21 October 2005 |
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225 cases
- Application by Jemena Gas Networks (NSW) Ltd (No 3)
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Ruffley v Board of Management of Saint Anne's School
...was reasonably foreseeable, in the sense that the risk was not far-fetched or fanciful.’ As Hayne J put it in Vairy v Wyong Shire Council [2005] HCA 62 at paragraph 126, when a plaintiff makes a claim for damages for personal injury caused by the defendant's negligence, the court becomes en......
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Roads and Traffic Authority of NSW v Dederer
...while duties of care may vary in content or scope, they are all to be discharged by the exercise of reasonable care. In Vairy v Wyong Shire Council, McHugh J explained 62: ‘[T]he duty in negligence is generally described as a duty to take reasonable care. In some areas of the law of neglige......
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7 firm's commentaries
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Beware of the dog - whether the risk of injury foreseeable and not insignificant - Civil Liability Act 2002 s 5B
...person would do by way of response to the risk. Footnotes 1 McColl JA, Whealy JA and Tobias AJA 2 [1987] HCA 7 3 [1984] HCA 84 4 [2005] HCA 62 5 [2009] HCA 48 6 [2005] HCA 75 7 [2011] NSWCA 244 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian Jul......
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Context, credibility and currency: Factors to consider in the defence of employee injury claims
...objects. 'Hindsight bias' is a common danger in all common law negligence claims. As noted by Hayne J in Vairy v Wyong Shire Council (2005) 223 CLR 422, it is necessary to avoid hindsight and to look '... from a time before the accident' so as to properly consider 'the magnitude of the risk......
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Case Note In The Court Of Appeal Decision Of Rooty Hill RSL Club Ltd v Karimi [2009] NSWCA 2
...The duty does not arise merely from the fact of intoxication. (Wagstaff v Haslam [2007] NSWCA 28). Confirming Vairy v Wyong Shire Council [2005] HCA 62 and Roads and Traffic Authority of New South Wales Dederer [2007] HCA 42, the Court held that an inquiry into breach must be made by asking......
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Occupiers' liability and foreseeable risk of harm
...be undertaken in hindsight but must always be answered prospectively, prior to the incident occurring. (See Vairy v Wyong Shire Council [2005] HCA 62.) The question is not what could have been done, but rather, would it have been reasonable for the occupiers to take those measures. Instead ......
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4 books & journal articles
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Government liability in negligence.
...or the other. Truly difficult cases arise. (49) (1998) 192 CLR 330. 397. (50) Ibid. (51) Ibid. (52) Vairy v Wyong Shire Council (2005) 223 CLR 422, 445 ('Vairy'). His Honour thought that the English attempts at a more general theory were equally unsatisfying at 444 (citations Instead, in En......
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THE PROMISE OF UNIVERSALITY
...some of the key cases, see Mulligan v Coffs Harbour City Council(2005) 223 CLR 486 at 497, per Gummow J. 229 Vairy v Wyong Shire Council(2005) 223 CLR 422 at 450. See also Crimmins v Stevedoring Industry Finance Committee(1999) 200 CLR 1 at 20–21, 39, 62 and 101. 230 Stovin v Wise [1996] AC......
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The site
...Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLr 479; Ratclif v McConnell [1999] 1 WLr 670 (Ca); Vairy v Wyong Shire Council (2005) 223 CLr 422 at 432 [25], per Mchugh J (dissenting); Leichhardt Municipal Council v Montgomery (2007) 230 CLr 22 at [153], per hayne J; See Toh Siew K......
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From Stepping-Stones to Throwing Stones: Officers’ Liability for Corporate Compliance Failures after Cassimatis
...contraventions resulting froma transaction turning out otherwise than expected; contraventions resulting from a failed process or16. (2005) 223 CLR 422, 462 [128] (‘Vairy’).17. (1980) 146 CLR 40 (‘Shirt’).18. Ibid 47–8.19. For a useful discussion of the Shirt calculus and its difficulties ......