Wardley Australia Ltd v Western Australia

JurisdictionAustralia Federal only
Neutral Citation1992-1028 HCA D,[1992] HCA 55
Date1992
Year1992
CourtHigh Court
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678 cases
6 firm's commentaries
  • Limitation periods in claims against valuers ' NSW Court of Appeal provides a useful reminder
    • Australia
    • Mondaq Australia
    • 15 May 2020
    ...period, there is an opportunity to shut down a claim at an early stage. Footnotes 1 Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514; Kenny & Good Pty Ltd MGICA (1992) Ltd (1999) 199 CLR 413; [1999] HCA 25; Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd (2013) 2......
  • Causation In Australian Shareholder Class Actions Uncertain
    • Australia
    • Mondaq Australia
    • 6 November 2014
    ...best way to achieve finality. Footnotes 1 Corporations Act 2001(Cth) ss 1041I, 1317HA, 1325; Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 at 525. 2 See P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1061 at [11]; P Dawson Nominees Pty Ltd v Brookfield Multiplex Ltd (No......
  • Turning The Corner - Have Limitation Periods Expired For GFC Financial Loss Claims?
    • Australia
    • Mondaq Australia
    • 28 April 2015
    ...the limitation periods for claims for misleading conduct. The leading s82 case is Wardley Australia Ltd v State of Western Australia (1992) 175 CLR 514 where Mason CJ, Dawson, Gaudron and McHugh JJ found A plaintiff can only recover compensation for actual loss. For this reason the plaintif......
  • Further guidance on when a plaintiff can sue an insurer under section 6
    • Australia
    • Mondaq Australia
    • 19 September 2011
    ...arguments in economic loss cases. In particular, her Honour referred to Wardley Australia Ltd v The State of Western Australia (1992) 175 CLR 514 and held that "at common law a plaintiff can only recover compensation for actual loss or damage incurred, not potential or likely On this basis,......
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2 books & journal articles
  • Causation in Securities and Financial Product Disclosure Cases: An Analysis and Critique
    • United Kingdom
    • Sage Federal Law Review No. 47-3, September 2019
    • 1 September 2019
    ...[652].83. Ibid 490 [575].84. Corporations Act, above n 11, ss 729(1), 1022B and 1041I(1).85. Wardley Australia Ltd v Western Australia (1992) 175 CLR 514, 525 (Mason CJ, Dawson, Gaudron andMcHugh JJ) (‘Wardley’); Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494, 513 (McHugh,Hayne and C......
  • Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
    • United Kingdom
    • Wiley The Modern Law Review No. 80-5, September 2017
    • 1 September 2017
    ...See Henville vWal k er n 50 above at [96]–[98], [136] per McHugh J, with whom Gummow Jagreed; Wardley Australia Ltd vWestern Australia [1992] HCA 55; (1992) 175 CLR 514, 525 perMason CJ: ‘[Section] 82(1) should be understood as taking up the common law practical orcommon-sense concept of . ......

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