Facts The appellants (the Krakowskis) purchased a commercial property from the First Respondent (Eurolynx) on the basis that the property had a new tenant who had agreed to pay an amount in rent ($156,000 per annum) that met the appellant’s […]
Category: Tort Law
Moore v Scenic Tours Pty Ltd [2020] HCA 17
Facts These were representative proceedings – Mr Moore was the representative for approximately 1,500 people. Mr Moore booked a European river cruise for himself and his wife, supplied by Scenic Tours Pty Ltd (“Scenic“). Adverse weather conditions unfortunately severely impacted […]
Channel Seven Adelaide Pty Ltd v Manock (2007) 232 CLR 245
Facts Dr Colin Manock was a forensic pathologist who gave evidence for the prosecution in the trial and retrial of Henry Keogh for the murder of his fiancé Anna-Jane Cheney in 1994. Keogh was convicted and sentenced to life imprisonment, […]
Jones v Bartlett (2000) 205 CLR 166
Facts The Appellant, Marc Jones, suffered an injury on 27 November 1993 when he walked into a glass door which separated the dining room and the games room of the house which his parents were renting from the Respondents, Mr […]
Caparo Industries v Dickman [1990] 2 AC 605
Facts Accountants prepared annual audit statements for a company (as required by law), which stated the company had made a profit. These statements were – unbeknownst to the auditors – later relied upon by Caparo, who purchased shares in the […]
Blyth v Birmingham Waterworks Company (1856) 11 Ex Ch 781
Facts Birmingham Waterworks Co were responsible for laying water pipes and other infrastructure around the Birmingham area They installed a water main on the street where Blyth lived. 25 years after it was installed, the water main sprung a leak […]
Bolton v Stone [1951] 1 All ER 1078
Facts Cricket had been played on the Cheetham Cricket Ground, which was surrounded by a net, since the late 1800s. In 1947, a batsman hit the ball over the fence, hitting Miss Stone and injuring her. In the history of […]
Rylands v Fletcher [1868] UKHL 1
Facts Rylands paid contractors to build a reservoir on his land, intending that it should supply the Ainsworth Mill with water. Rylands played no active role in the construction, but instead contracted out the work to an engineer. As the […]
Jones v Manchester Corporation [1952] 2 QB 852
Facts Mr Jones suffered burns and presented at hospital. His condition was not life-threatening. He was seen by two doctors, Dr Sejrup (2 years’ experience) and Dr Wilkes (5 months’ experience). The two doctors discussed and decided to put him […]
Tabet v Gett (2010) 240 CLR 537
Facts Reema Tabet was a six-year-old child who was admitted to hospital on 11 January, suffering from vomiting and headaches and having recently suffered from chicken pox. On 14 January, she suffered a seizure. Investigations concluded that she had a […]
