Wyong Shire Council v Shirt
| Jurisdiction | Australia Federal only |
| Judgment Date | 1980 |
| Neutral Citation | [1980] HCA 12,1980-0501 HCA C |
| Year | 1980 |
| Date | 1980 |
| Court | High Court |
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22 firm's commentaries
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Due diligence - doing what needs to be done
...AC 153 - that's still not very useful in saying what exactly one is meant to do. In the negligence case of Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40, Mason J at [14] held "In deciding whether there has been a breach of the duty of care the tribunal of fact must first ask ......
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Back to Basics - Shirt Calculus, Section 5B and the special relationship between the State and Inmate
...to inmates, as inmates have very little autonomy over their activities whilst incarcerated. Footnotes 1 Allsop P, Beazley JA, Giles JA 2 [1980] HCA 12 3 [2007] HCA 42 Ranked No 1 - Australia's fastest growing law firm' (Legal Partnership Survey, The Australian July 2010) The content of this......
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Case Note: Estate Of The Late JJ Virgona By Its Executors V De Lautour [2007] NSWCA 282
...would do in response to that risk. Ipp JA also found that the trial judge had failed to apply the test in Wyong Shire Council v Shirt (1980) 146 CLR 40 which required the court to consider whether the landlord's response to a risk of foreseeable harm was reasonable in the The risk of traver......
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Due diligence in buying and selling businesses
...AC 153 – that's still not very useful in saying what exactly one is meant to do. In the negligence case of Wyong Shire Council v Shirt [1980] HCA 12 ; (1980) 146 CLR 40 at 47, Mason J held " In deciding whether there has been a breach of the duty of care the tribunal of fact must first ask ......
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5 books & journal articles
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Government liability in negligence.
...only exception relates to risks that are far-fetched or fanciful: ibid 441. (125) Ibid 441-2, criticising Wyong Shire Council v Shirt (1980) 146 CLR 40. That case has survived attacks on it, but appellate efforts at reading it down are inevitably weakened by the fact that decisions regardin......
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UNCERTAINTY IN PRIVATE LAW: RHETORICAL DEVICE OR SUBSTANTIVE LEGAL ARGUMENT?
...284, 291, 294, doubting whether equity's 'tolerance of indeterminacy' undermines the rule of law. (77) See Wyong Shire Council v Shirt (1980) 146 CLR 40, 47-8 (Mason J) ('Wyong Shire Council'). 'Reasonableness' is used in a wide variety of contexts other than as a standard of care in conduc......
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PRIVATE LAW, CONSCIENCE AND MORAL REASONING: THE ROLE OF THE JUDGE.
...HLA Hart, The Concept of Law (Oxford University Press, 3rd ed, 2012) 252, 252 (emphasis in original). (48) Wyong Shire Council v Shirt (1980) 146 CLR 40, 47-8 (Mason J); Tame v New South Wales (2002) 211 CLR 317, 379 [185] (Gummow and Kirby JJ). See also Justice Chris Maxwell, 'Too Much Law......
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The Environment Protection and Biodiversity Conservation Act 1999 (Cth): dark sides of virtue.
...(Unreported, Weinberg J, 31 March 2004) [107]. (139) EPBC Act s 391(1), (3). (140) EPBC Act s 391(2). (141) Wyong Shire Council v Shirt (1980) 146 CLR 40, 47 (Mason (142) Jacqueline Peel, The Precautionary Principle in Practice: Environmental Decision-Making and Scientific Uncertainty (2005......
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