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Australia pure economic lossper quod servitium amisitdeath baker v bolton

Barclay v Penberthy

Barclay v Penberthy [2012] HCA 40; (2012) 246 CLR 258
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Key Principle

An employer may recover from a tortfeasor for pure economic loss consequent on negligent injury to its employees, and the antiquated action per quod servitium amisit survives in Australia; but the rule in Baker v Bolton (that the death of a person creates no cause of action) remains part of Australian common law, barring recovery for losses flowing from an employee's death.

Area of Law

company

Related Cases

Shafron v Australian Securities and Investments Commission (2012) 247 CLR 465
Bell Group Ltd (in liq) v Westpac Banking Corporation [2012] WASCA 157
Grimaldi v Chameleon Mining NL (No 2) (Accessory) [2012] FCAFC 6

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